United States v. Travis Eaton

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PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED); Granting [4329613-2] motion to withdraw as counsel filed by Mr. John D. Jacobsen and Appellant Mr. Travis James Eaton. [4364026] [15-2874]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2874 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Travis James Eaton lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Northern District of Iowa - Ft. Dodge ____________ Submitted: February 2, 2016 Filed: February 5, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. Travis James Eaton appeals after the district court1 denied him a sentence reduction under 18 U.S.C. § 3582(c)(2). In declining to reduce Mr. Eaton’s sentence, 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. Appellate Case: 15-2874 Page: 1 Date Filed: 02/05/2016 Entry ID: 4364026 the district court found that a reduction was not warranted in light of his lengthy criminal history and the likelihood of recidivism. 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, 110305 (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 is affirmed, and counsel’s motion to withdraw is granted. ______________________________ -2- Appellate Case: 15-2874 Page: 2 Date Filed: 02/05/2016 Entry ID: 4364026

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