United States v. David Seigler


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) [4008248] [12-3014]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3014 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. David Willie Seigler, also known as David Willis Seigler lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: February 20, 2013 Filed: February 26, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Texas inmate David Seigler appeals the district court’s1 denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on U.S.S.G. Amendment 742 1 The Honorable Michael J. Davis, Chief Judge, United States District Court for the District of Minnesota. Appellate Case: 12-3014 Page: 1 Date Filed: 02/26/2013 Entry ID: 4008248 (deleting “recency” criminal history points). We agree with the district court that section 3582(c)(2) does not permit a sentencing reduction under Amendment 742, because the amendment is not listed in U.S.S.G. § 1B1.10(c) among those Guidelines amendments that may be applied retroactively. Thus, even if Amendment 742 were a clarifying rather than substantive amendment, as Seigler argues, he is not entitled to a reduction under section 3582(c)(2). See United States v. McHan, 386 F.3d 620, 622 (4th Cir. 2004). We affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 12-3014 Page: 2 Date Filed: 02/26/2013 Entry ID: 4008248

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