United States v. Jerrold Hammer

Filing

PER CURIAM OPINION FILED - THE COURT: KERMIT E. BYE, STEVEN M. COLLOTON and RAYMOND W. GRUENDER (UNPUBLISHED); Granting [3855451-2] motion to withdraw as counsel filed by Mr. B. John Burns, III. [3904595] [11-3550]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-3550
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United States of America,
Appellee,
v.
Jerrold Dean Hammer,
Appellant.

*
*
*
* Appeal from the United States
* District Court for the
* Southern District of Iowa.
*
* [UNPUBLISHED]
*
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Submitted: April 18, 2012
Filed: April 25, 2012
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Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Jerrold Hammer appeals the district court’s1 denial of his 18 U.S.C.
§ 3582(c)(2) motion for a reduction of his revocation sentence. We agree with the
court that Hammer was not eligible for a reduction. See U.S.S.G. § 1B1.10,
comment. (n.5(A)) (2011); United States v. Morales, 590 F.3d 1049, 1052-53 (9th
Cir. 2010); United States v. Fontenot, 583 F.3d 743, 744-45 (10th Cir. 2009); United
States v. Forman, 553 F.3d 585, 588-89 (7th Cir. 2009) (per curiam). Accordingly,
we affirm the judgment, and we grant counsel’s motion to withdraw.
______________________________
1

The Honorable Ronald E. Longstaff, United States District Judge for the
Southern District of Iowa.
Appellate Case: 11-3550

Page: 1

Date Filed: 04/25/2012 Entry ID: 3904595