U.S. Court of Appeals for the Eighth Circuit, 2021

United States v. John Fortenberry

United States v. John Fortenberry
U.S. Court of Appeals for the Eighth Circuit · Decided March 19, 2021

United States v. John Fortenberry

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1306 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. John Richard Fortenberry, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: November 16, 2020 Filed: March 19, 2021 [Unpublished] ____________ Before COLLOTON, ARNOLD, and KELLY, Circuit Judges. ____________ PER CURIAM.

John Fortenberry appeals an order of the district court denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(1)(A)(i). The district court denied the motion without a response from the government and with no explanation. Under those circumstances, we cannot tell whether the district court believed that it was forbidden as a matter of law to consider grounds raised by Fortenberry. Or, if the court denied the motion as a matter of discretion, we cannot discern how the court exercised its discretion. Without at least a brief explanation from the district court, we cannot meaningfully review the decision to deny the motion. Accordingly, we vacate the order of January 23, 2020, and remand for further consideration. See United States v. Burrell, 622 F.3d 961, 964 (8th Cir. 2010). ______________________________

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