United States v. Calvin Ferguson


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [3991411-2] motion to withdraw as counsel filed by Ms. Katherine M. Menendez. [4040848] [12-3544]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3544 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Calvin James Ferguson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: May 30, 2013 Filed: May 31, 2013 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Calvin Ferguson 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 1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota. Appellate Case: 12-3544 Page: 1 Date Filed: 05/31/2013 Entry ID: 4040848 States Sentencing Guidelines. We find no error in the district court’s finding that Ferguson was not entitled to a reduction because he was responsible for more than 2.8 kilograms of crack cocaine, and thus the amendment did not lower his applicable sentencing range. See United States v. Anderson, 707 F.3d 973, 975 (8th Cir. 2013) (per curiam) (district court may make new factual findings under § 3582(c)(2) if they are supported by record and consistent with original sentencing determination); cf. United States v. Fetlow, 21 F.3d 243, 250 (8th Cir. 1994) (sentencing court may consider evidence introduced at trial of codefendant if that evidence is relevant to disputed issue at sentencing and sentencing judge presided over codefendant’s trial). Accordingly, the judgment is affirmed. Counsel’s motion to withdraw is granted. ______________________________ -2- Appellate Case: 12-3544 Page: 2 Date Filed: 05/31/2013 Entry ID: 4040848

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