United States v. Michael Rodgers, No. 12-1359 (8th Cir. 2012)
Annotate this CaseCourt Description: Criminal case - Sentencing. Denial of 18 U.S.C. Sec. 3582(c) sentence- reduction motion affirmed as defendant's applicable Guidelines range was not lowered by Amendment 750 of the Guidelines and he was ineligible for a sentencing reduction.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 12-1359 ___________ United States of America, Appellee, v. Michael Reed Rodgers, Appellant. * * * * Appeal from the United States * District Court for the * Eastern District of Arkansas. * * [UNPUBLISHED] * ___________ Submitted: July 19, 2012 Filed: August 2, 2012 ___________ Before WOLLMAN, MELLOY, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Michael Rodgers appeals the district court s1 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion based on Amendment 750 of the United States Sentencing Guidelines. We affirm, as Rodgers s applicable Guidelines range was not lowered by the amendment, and he has provided no other ground warranting reversal. See U.S.S.G. § 1B1.10, comment. (n.1(A)) (eligibility for consideration under § 3582(c)(2) is triggered only by amendment that lowers applicable Guidelines range); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th Cir. 2009) (where 1 The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas. applicable Guidelines range was not lowered by amendment, district court lacked authority to reduce sentence). The judgment is affirmed. Counsel s motion to withdraw is granted, subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ -2-
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