United States v. Bobby Grave


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [3987153-2] motion to withdraw as counsel filed by Mr.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

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3763 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Bobby Graves lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: April 19, 2013 Filed: April 24, 2013 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges. ____________ 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. ______________________________ -2- Appellate Case: 12-3763 Page: 2 Date Filed: 04/24/2013 Entry ID: 4028470

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