United States v. Douglas Meek

Filing

PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, MICHAEL J. MELLOY and LAVENSKI R. SMITH. Appellant's motion to hold this appeal in abeyance has been considered by the court and is hereby denied [3876482-2]. (UNPUBLISHED) [3906495] [11-3885]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-3885
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United States of America,
Appellee,
v.
Douglas Marcel Meeks,
Appellant.

*
*
*
* Appeal from the United States
* District Court for the
* Southern District of Iowa.
*
* [UNPUBLISHED]
*
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Submitted: April 23, 2012
Filed: May 1, 2012
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Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
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PER CURIAM.
Douglas Meeks appeals the district court’s1 order denying his request for a
post-judgment sentence reduction. Upon careful review, we conclude that the district
court did not abuse its discretion in denying Meeks’s request, see United States v.
Whiting, 522 F.3d 845, 852-53 (8th Cir. 2008) (standard of review), because Meeks
was sentenced before the enactment of the Fair Sentencing Act of 2010 and he
received a statutory mandatory minimum sentence, see United States v. Sidney, 648
F.3d 904, 908 (8th Cir. 2011) (statutory mandatory minimums have always trumped
1

The Honorable John A. Jarvey, United States District Judge for the Southern
District of Iowa.

Appellate Case: 11-3885

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Date Filed: 05/01/2012 Entry ID: 3906495

Guidelines, even where amended Guidelines would have otherwise called for shorter
sentence); United States v. Orr, 636 F.3d 944, 957-58 (8th Cir. 2011) (Fair
Sentencing Act did not apply retroactively to defendant who was sentenced before
enactment of FSA to mandatory minimum sentence of life under 21 U.S.C. §
841(b)(1)(A)).
Accordingly, we affirm. In addition, we deny Meeks’s motion to hold this
appeal in abeyance.
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Appellate Case: 11-3885

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Date Filed: 05/01/2012 Entry ID: 3906495