United States v. Jermaine Arrington

U.S. Court of Appeals for the Eighth Circuit
United States v. Jermaine Arrington, 515 F. App'x 629 (8th Cir. 2013)

United States v. Jermaine Arrington

Opinion

PER CURIAM.

Jermaine Arrington appeals the district court’s 1 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion based on the Fair Sentencing Act of 2010 (FSA). We conclude that Arrington was not entitled to a reduction, as his Guidelines sentencing range was calculated based on his unlawful possession of a firearm, see U.S.S.G. § 2K2.1, which was not affected by any provision of the FSA. See 18 U.S.C. § 3582(c)(2) (court may reduce prison term of defendant who has been sentenced based on sentencing range that has subsequently been lowered by Sentencing Commission); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th Cir. 2009) (§ 3582(c)(2) allows sentence reduction only when amendment lowers applicable Guidelines range).

Accordingly, the judgment is affirmed. Counsel’s motion to withdraw is granted.

1

. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Jermaine J. ARRINGTON, Defendant-Appellant
Status
Unpublished