USA v. Emmett Buffman
Filing
Filed Nonprecedential Disposition PER CURIAM. AFFIRMED. Diane P. Wood, Chief Judge; Joel M. Flaum, Circuit Judge and Frank H. Easterbrook, Circuit Judge. [6625364-1] [6625364] [14-2847]
2
1
Case: 14-2847 NONPRECEDENTIAL DISPOSITION
Document: 13
Filed: 12/04/2014
Pages: 2
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted December 2, 2014∗
Decided December 4, 2014
Before
DIANE P. WOOD, Chief Judge
JOEL M. FLAUM, Circuit Judge
FRANK H. EASTERBROOK, Circuit Judge
Appeal from the United
States District Court for the
Northern District of Illinois,
Eastern Division.
No. 07 CR 143
Joan Humphrey Lefkow,
Judge.
No. 14-‐‑2847
UNITED STATES OF AMERICA,
Plaintiff-‐‑Appellee,
v.
EMMETT BUFFMAN,
Defendant-‐‑Appellant.
Order
Emmett Buffman filed a motion under 18 U.S.C. §3582(c)(2), asking the district
court to reduce his sentence as a result of a retroactive change to the Sentencing
Guidelines. The judge denied that request, observing that Buffman has been sentenced
to the statutory minimum, which is unaffected by the revised Guidelines.
∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After
examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.
App. P. 34(a); Cir. R. 34(f).
Case: 14-2847
No. 14-‐‑2847
Document: 13
Filed: 12/04/2014
Pages: 2
Page 2
Buffman’s appeal does not contest that understanding. Instead he says that the
district judge lacked jurisdiction to act at all, because the revised Guideline did not take
effect until November 1, 2014, while the judge denied his motion in August 2014. But
the Guideline is not what provides judicial authority to act (that is, jurisdiction); that
depends on §3582(c)(2). The language of the retroactive Guideline prevents a district
judge from granting a motion until November 1 but does not foreclose a motion’s earlier
denial. And it is hard to see what Buffman could gain from a remand, which would just
produce a new denial for the reason already given by the district judge.
AFFIRMED
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?