United States v. Omar Villareal

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED); Granting [3987699-2] motion to withdraw as counsel filed by Mr. Stephen C. Moss. [4033018] [12-3777]

United States Court of Appeals
For the Eighth Circuit
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No. 12-3777
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Omar Villareal
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: May 3, 2013
Filed: May 7, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.
In 2009, Omar Villareal was convicted of conspiring to distribute 5 kilograms
or more of a mixture containing cocaine, in violation of 21 U.S.C. §§ 841(a)(1),

Appellate Case: 12-3777

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Date Filed: 05/07/2013 Entry ID: 4033018

841(b)(1)(A), and 846, and the district court1 sentenced him to 210 months in prison
and 5 years of supervised release. Villareal later moved under 18 U.S.C. § 3582(c)(2)
to reduce his sentence pursuant to Guidelines Amendments 748 and 750. The court
summarily denied the motion, and he appeals.
The district court correctly denied relief, because Amendment 750 did not
lower the sentencing range applicable to powder cocaine offenses; and even setting
aside its applicability, Amendment 748 is not listed among those amendments that
may be applied retroactively to reduce a sentence. See 18 U.S.C. § 3582(c)(2);
U.S.S.G. § 1B1.10. Accordingly, we affirm. We also grant counsel’s motion to
withdraw.
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1

The Honorable Nanette K. Laughrey, United States District Judge for the
Western District of Missouri.
-2-

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Date Filed: 05/07/2013 Entry ID: 4033018