United States v. DeVaughn Lee

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PER CURIAM OPINION FILED: Roger L. Wollman, Pasco M. Bowman and Diana E. Murphy (UNPUBLISHED); Granting [4378772-2] motion to withdraw as counsel filed by Mr. Peter M. Cohen. [4378776] [15-3218]--[Edited 03/17/2016 by MAJ] EDITED TO SHOW CORRECT OPINION TYPE AND PANEL INFORMATION.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3218 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. DeVaughn Lee lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: March 14, 2016 Filed: March 17, 2016 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and MURPHY, Circuit Judges. ____________ PER CURIAM. DeVaughn Lee appeals after the district court1 denied him a sentence reduction under 18 U.S.C. § 3582(c)(2). In declining to reduce Lee’s sentence, the district court 1 The Honorable Rodney W. Sippel, Chief Judge, United States District Court for the Eastern District of Missouri. Appellate Case: 15-3218 Page: 1 Date Filed: 03/17/2016 Entry ID: 4378776 found that a reduction was not warranted in light of the conduct violations incurred during his incarceration and his conduct during the offense. 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) (Section 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 is affirmed, and counsel’s request to withdraw is granted. ______________________________ -2- Appellate Case: 15-3218 Page: 2 Date Filed: 03/17/2016 Entry ID: 4378776

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