United States v. George Corbett

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED); Granting [4305330-2] motion to withdraw as counsel for appellant filed by Mr. Leon Fred Spies. [4360210] [15-2429]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2429 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. George Corbett, also known as Little G lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________ Submitted: January 22, 2016 Filed: January 27, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. George Corbett appeals after the district court1 denied him a sentence reduction under 18 U.S.C. § 3582(c)(2). In declining to reduce Corbett’s sentence, the district 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. Appellate Case: 15-2429 Page: 1 Date Filed: 01/27/2016 Entry ID: 4360210 court found that a reduction was not warranted in light of his lengthy criminal history, the likelihood of recidivism, and the risk to public safety presented by his prison conduct. 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 it if 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). The judgment is affirmed, see 8th Cir. R. 47B, and counsel’s motion to withdraw is granted. ______________________________ -2- Appellate Case: 15-2429 Page: 2 Date Filed: 01/27/2016 Entry ID: 4360210

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