United States v. Bobby Grave

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [3987153-2] motion to withdraw as counsel filed by Mr. Stephen C. Moss. [4028470] [12-3763]

United States Court of Appeals
For the Eighth Circuit
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No. 12-3763
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Bobby Graves
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: April 19, 2013
Filed: April 24, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Bobby Graves 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
1

The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.

Appellate Case: 12-3763

Page: 1

Date Filed: 04/24/2013 Entry ID: 4028470

Guidelines. We affirm, as the amendment did not lower Graves’s Guidelines range.
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, district court lacked
authority to reduce sentence).
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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Appellate Case: 12-3763

Page: 2

Date Filed: 04/24/2013 Entry ID: 4028470