United States v. Dino Lomeli

Filing

PER CURIAM OPINION FILED - THE COURT: Steven M. Colloton, Bobby E. Shepherd and James M. Moody, Jr. (UNPUBLISHED); Denying [4294150-2] [4312670-3] pro se motions for leave to object filed by Appellant Mr. Dino Lomeli. [4425313] [15-2154]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2154
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United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Dino Lomeli,
lllllllllllllllllllll Defendant - Appellant.
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Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
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Submitted: April 15, 2016
Filed: July 13, 2016
[Unpublished]
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Before COLLOTON and SHEPHERD, Circuit Judges, and MOODY,1 District
Judge.
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PER CURIAM.

1

The Honorable James M. Moody, Jr, United States District Court for the
Eastern District of Arkansas, sitting by designation.

Appellate Case: 15-2154

Page: 1

Date Filed: 07/13/2016 Entry ID: 4425313

Dino Lomeli appeals after the district court2 denied him a sentence reduction
under 18 U.S.C. § 3582(c)(2). In declining to reduce Mr. Lomeli’s sentence, the
district court found that a reduction was not warranted in light of his criminal history,
which included murder, his leadership in an international marijuana smuggling
organization, his post-sentencing conduct and the risk to public safety posed by a
reduction in his term of imprisonment. We conclude that there is no basis for
reversal, as the district court's finding that a reduction was not warranted was not an
abuse of discretion. See Dillon v. United States, 560 U.S. 817, 827 (2010) (§ 3582(c)
authorizes district court to reduce sentence by applying amended Guidelines range
as if it were in effect at time of original sentencing, and leaving all other Guidelines
determinations intact as previously determined); United States v. Long, 757 F.3d 762,
763 (8th Cir.2014) (de novo review of whether § 3582(c)(2) authorizes modification,
and abuse-of-discretion review of decision whether to grant authorized § 3582(c)(2)
modification); United States v. Curry, 584 F.3d 1102, 1103-05 (8th Cir.2009) (district
court did not abuse its discretion in declining to reduce defendant's sentence under
§ 3582(c)(2) due to defendant's criminal history). The judgment of the district court
is affirmed. We deny Lomeli’s pro se motions for leave to object.
______________________________

2

The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
-2-

Appellate Case: 15-2154

Page: 2

Date Filed: 07/13/2016 Entry ID: 4425313