United States v. Timothy Gunn

U.S. Court of Appeals for the Eighth Circuit

United States v. Timothy Gunn

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1859 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Timothy Jermaine Gunn, also known as Doh-Doh

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: November 3, 2020 Filed: November 6, 2020 [Unpublished] ____________

Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Timothy Gunn appeals the district court’s1 order denying his motions for relief under the First Step Act of 2018 (FSA). See Pub. L. No. 115-391, 132 Stat. 5194.

1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. The district court determined Gunn was eligible for relief under the FSA, but declined to reduce his sentence.

In exercising its discretion to deny relief, the district court considered the factors on which it based Gunn’s original sentence and concluded they outweighed Gunn’s arguments in favor of a sentence reduction. We find no abuse of discretion in the district court’s denial of relief. See United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (standard of review). Accordingly, we affirm the judgment of the district court, and grant counsel’s motion for leave to withdraw. ______________________________

-2-

Reference

Status
Unpublished