United States v. Mark Bowman

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Pasco M. Bowman and Raymond W. Gruender (UNPUBLISHED); Granting [3990831-2] motion to withdraw as counsel filed by Mr. Stephen C. Moss. [4040853] [12-3805]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3805
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Mark E. Bowman
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: May 28, 2013
Filed: May 31, 2013
[Unpublished]
____________
Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
Mark Bowman 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: 12-3805

Page: 1

Date Filed: 05/31/2013 Entry ID: 4040853

Guidelines. We conclude that Bowman was not entitled to a reduction based on the
amendment, as the sentence he received in 2006 was the statutory mandatory
minimum. See United States v. Peters, 524 F.3d 905, 907 (8th Cir. 2008) (per
curiam). Further, counsel’s argument on appeal that Bowman should receive the
benefit of the statutory changes of the Fair Sentencing Act of 2010 (FSA) fails
because, among other reasons, we have held that the FSA does not apply to
defendants who were sentenced prior to its August 3, 2010 enactment. See United
States v. Brewer, 624 F.3d 900, 909 n.7 (8th Cir. 2010); cf. Dorsey v. United States,
132 S. Ct. 2321, 2335 (2012) (FSA applies to defendants who committed their
offenses before the FSA’s effective date but were sentenced after that date).
Accordingly, the judgment is affirmed. Counsel’s motion to withdraw is
granted.
______________________________

-2-

Appellate Case: 12-3805

Page: 2

Date Filed: 05/31/2013 Entry ID: 4040853