United States v. Calvin Ferguson

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [3991411-2] motion to withdraw as counsel filed by Ms.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

United States Court of Appeals
For the Eighth Circuit
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No. 12-3544
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Calvin James Ferguson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota - St. Paul
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Submitted: May 30, 2013
Filed: May 31, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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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.
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Appellate Case: 12-3544

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Date Filed: 05/31/2013 Entry ID: 4040848