United States v. James Brown


PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, MICHAEL J. MELLOY and LAVENSKI R. SMITH (UNPUBLISHED); The motion [3859030-2] to withdraw as counsel, filed by Mr. Bernard John Burns, III, is granted. [3930080] [11-3584]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-3584 ___________ United States of America, Appellee, v. James Lee Brown, Appellant. * * * * Appeal from the United States * District Court for the * Southern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: July 5, 2012 Filed: July 10, 2012 ___________ Before WOLLMAN, MELLOY, and SMITH, Circuit Judges. ___________ PER CURIAM. James Brown appeals the district court’s1 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion based on Amendment 750 to the United States Sentencing Guidelines. We affirm, as Brown’s applicable Guidelines range was not lowered by the amendment. See U.S.S.G. § 1B1.10, comment. (n.1(A)) (eligibility for consideration under § 3582(c)(2) is triggered only by amendment that lowers applicable Guidelines range); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th Cir. 2009) (where applicable Guidelines range was not lowered by amendment, 1 The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa. Appellate Case: 11-3584 Page: 1 Date Filed: 07/10/2012 Entry ID: 3930080 district court lacked authority to reduce sentence). To the extent Brown has raised arguments that are not based on a Guidelines amendment, those arguments are not properly raised in a section 3582(c)(2) motion. The judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________ - 2- Appellate Case: 11-3584 Page: 2 Date Filed: 07/10/2012 Entry ID: 3930080

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