United States v. Bobby Graves

U.S. Court of Appeals for the Eighth Circuit
United States v. Bobby Graves, 502 F. App'x 631 (8th Cir. 2013)

United States v. Bobby Graves

Opinion

PER CURIAM.

Bobby Graves appeals the district court’s 1 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion based on Amendment 750 to the United States Sentencing Guidelines. We affirm, as the amendment did not lower Graves’s Guidelines range. See U.S.S.G. § 1B1.10, comment. (n.l(A)) (eligibility for consideration under § 3582(c)(2) is triggered only by amendment that lowers applicable Guidelines range); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th Cir. 2009) (where applicable Guidelines range was not lowered by amendment, district court lacked authority to reduce sentence).

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. Bobby GRAVES, Defendant-Appellant
Status
Unpublished