United States v. David Seigler, No. 12-3014 (8th Cir. 2013)
Annotate this CaseCourt Description: Criminal case - Sentencing. Denial of 18 U.S.C. Sec. 3582(c)(2) motion to reduce sentence affirmed as the section does not permit a sentencing reduction under Amendment 742 because the amendment is not listed in Guidelines Sec. 1B1.10(c) as a Guidelines amendment that may be applied retroactively. [ February 25, 2013
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3014 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. David Willie Seigler, also known as David Willis Seigler lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: February 20, 2013 Filed: February 26, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Texas inmate David Seigler appeals the district court s1 denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction based on U.S.S.G. Amendment 742 1 The Honorable Michael J. Davis, Chief Judge, United States District Court for the District of Minnesota. (deleting recency criminal history points). We agree with the district court that section 3582(c)(2) does not permit a sentencing reduction under Amendment 742, because the amendment is not listed in U.S.S.G. § 1B1.10(c) among those Guidelines amendments that may be applied retroactively. Thus, even if Amendment 742 were a clarifying rather than substantive amendment, as Seigler argues, he is not entitled to a reduction under section 3582(c)(2). See United States v. McHan, 386 F.3d 620, 622 (4th Cir. 2004). We affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2-
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