United States v. Bobby Graves
Opinion
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.
. 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- Unpublished