United States v. Kevin Shook

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Duane Benton (UNPUBLISHED); Granting [4361584-2] motion to withdraw as counsel filed by Mr. Kevin Shook. [4400375] [15-3968]

United States Court of Appeals
For the Eighth Circuit
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No. 15-3968
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United States of America
lllllllllllllllllllll Plaintiff - Appellant
v.
Kevin Shook
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: May 13, 2016
Filed: May 19, 2016
[Unpublished]
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Before MURPHY, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Kevin Shook appeals after the district court1 denied his motion for a sentence
reduction under 18 U.S.C. § 3582(c)(2). In declining to reduce Shook’s sentence, the

1

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

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Date Filed: 05/19/2016 Entry ID: 4400375

district court found that a reduction was not warranted in light of his criminal history
and the circumstances of the offense. We see 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 is affirmed, and counsel’s request to
withdraw is granted.
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Date Filed: 05/19/2016 Entry ID: 4400375