United States v. Justin Eaton
United States v. Justin Eaton
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 19-1798 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Justin K. Eaton
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Western District of Missouri - Kansas City ____________
Submitted: December 18, 2019 Filed: December 23, 2019 [Unpublished] ____________
Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges. ____________
PER CURIAM.
Justin Eaton appeals the district court’s1 order denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) based on Amendment 801 to the Sentencing
1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. Guidelines. Because Amendment 801 is not listed in U.S.S.G. § 1B1.10(d), we agree with the district court that section 3582c)(2) does not authorize a sentence reduction. See U.S.S.G. § 1B1.10(a) (sentence-reduction authority under § 3582(c)(2) limited to amendments listed in subsection (d)); United States v. Koons, 850 F.3d 973, 976 (8th Cir. 2017) (discussing retroactivity of sentence-reducing amendments), aff’d, 138 S. Ct. 1783 (2018). We also reject Eaton’s argument that non-retroactivity gives rise to a due process concern. See United States v. Johnson, 703 F.3d 464, 469 (8th Cir. 2013).
The judgment is affirmed. See 8th Cir. R. 47B. ______________________________
-2-
Reference
- Status
- Unpublished