United States v. James Brown

Filing

PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, MICHAEL J. MELLOY and LAVENSKI R. SMITH (UNPUBLISHED); The motion [3859030-2] to withdraw as counsel, filed by Mr.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

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-3584
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United States of America,
Appellee,
v.
James Lee Brown,
Appellant.

*
*
*
* Appeal from the United States
* District Court for the
* Southern District of Iowa.
*
* [UNPUBLISHED]
*
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Submitted: July 5, 2012
Filed: July 10, 2012
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Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
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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.
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Appellate Case: 11-3584

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Date Filed: 07/10/2012 Entry ID: 3930080