United States v. Justin Eaton

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for the Western District of Missouri - Kansas City ____________ Submitted: December 18, 2019 Filed: December 23, 2019 [Unpublished] ____________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 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.

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