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Submitted: November 16, 2020 Filed: March 19, 2021 [Unpublished] ____________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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