United States v. Owen McMullen, No. 09-1489 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - Sentencing. District court did not err in denying defendant's motion for modification of his sentence under the amendment to the crack sentencing guidelines as the court had already given defendant the benefit of the amendment at sentencing, even though the amendment was not yet in effect.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1489 ___________ United States of America, Appellee, v. Owen McMullen, Appellant. * * * * Appeal from the United States * District Court for the Eastern * District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: December 7, 2009 Filed: December 10, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Owen McMullen appeals the district court s1 order denying his motion for a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2) and Amendment 706 to the Sentencing Guidelines. We find no abuse of discretion in the district court s decision not to reduce McMullen s sentence, as the court had considered the amended Guidelines range at McMullen s request when he was sentenced, although the amendment was not yet in effect. See U.S.S.G. § 1B1.10(b)(1) (in determining whether reduction is warranted, court should determine amended Guidelines range 1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas. that would have been applicable if amended Guidelines had been in effect); United States v. Curry, No. 09-1325, 2009 WL 3713702, at *1 (8th Cir. Nov. 9, 2009) (standard of review). Accordingly, the judgment is affirmed, and counsel is granted leave to withdraw. ______________________________ -2-
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