United States v. Timothy Gunn, No. 20-1859 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Loken, Gruender and Grasz, Circuit Judges] Criminal case - Sentencing. The district court did not abuse its discretion by denying defendant's the First Step Act motion to reduce his sentence. [ November 05, 2020 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1859 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Timothy Jermaine Gunn, also known as Doh-Doh lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Eastern ____________ Submitted: November 3, 2020 Filed: November 6, 2020 [Unpublished] ____________ Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. ____________ PER CURIAM. Timothy Gunn appeals the district court’s1 order denying his motions for relief under the First Step Act of 2018 (FSA). See Pub. L. No. 115-391, 132 Stat. 5194. 1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. The district court determined Gunn was eligible for relief under the FSA, but declined to reduce his sentence. In exercising its discretion to deny relief, the district court considered the factors on which it based Gunn’s original sentence and concluded they outweighed Gunn’s arguments in favor of a sentence reduction. We find no abuse of discretion in the district court’s denial of relief. See United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (standard of review). Accordingly, we affirm the judgment of the district court, and grant counsel’s motion for leave to withdraw. ______________________________ -2-

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