USA v. Kier Elgin Riley, No. 12-12890 (11th Cir. 2012)
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Case: 12-12890 Date Filed: 11/09/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-12890 Non-Argument Calendar ________________________ D.C. Docket No. 1:99-cr-00029-MP-AK-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KIER ELGIN RILEY, Defendant-Appellant. __________________________ Appeal from the United States District Court for the Northern District of Florida _________________________ (November 9, 2012) Before WILSON, PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Case: 12-12890 Date Filed: 11/09/2012 Page: 2 of 2 Kier Elgin Riley appeals pro se the sua sponte decision of the district court to deny him a sentence reduction. 18 U.S.C. § 3582(c). The district court determined that Riley was not entitled to a reduction of his sentence under Amendment 750 of the Sentencing Guidelines. We affirm. The district court did not err. Amendment 750 did not alter Riley s sentencing range. Riley was responsible for distributing 34.17 kilograms of crack cocaine and was ineligible for a sentence reduction. United States Sentencing Guidelines Manual § 2D1.1(c)(1). Riley argues that the district court should have considered the sentencing factors, 18 U.S.C. § 3553(a), but a district court applies the sentencing factors only when it has the authority to reduce a sentence and decides to grant a reduction. We AFFIRM the sua sponte decision of the district court to deny Riley a reduction of his sentence. 2
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