United States v. Jermaine Arrington

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Raymond W. Gruender and Duane Benton (UNPUBLISHED) - [3987169-2] -- Granting motion to withdraw as counsel filed by Mr. Stephen C. Moss. [4056051] [12-3768]

United States Court of Appeals
For the Eighth Circuit
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No. 12-3768
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Jermaine J. Arrington
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: July 16, 2013
Filed: July 18, 2013
[Unpublished]
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Before WOLLMAN, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Jermaine Arrington appeals the district court’s1 denial of his 18 U.S.C.
§ 3582(c)(2) sentence-reduction motion based on the Fair Sentencing Act of 2010

1

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

Appellate Case: 12-3768

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Date Filed: 07/18/2013 Entry ID: 4056051

(FSA). We conclude that Arrington was not entitled to a reduction, as his Guidelines
sentencing range was calculated based on his unlawful possession of a firearm, see
U.S.S.G. § 2K2.1, which was not affected by any provision of the FSA. See 18
U.S.C. § 3582(c)(2) (court may reduce prison term of defendant who has been
sentenced based on sentencing range that has subsequently been lowered by
Sentencing Commission); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th Cir.
2009) (§ 3582(c)(2) allows sentence reduction only when amendment lowers
applicable Guidelines range).
Accordingly, the judgment is affirmed. Counsel’s motion to withdraw is
granted.
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Appellate Case: 12-3768

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Date Filed: 07/18/2013 Entry ID: 4056051