United States v. Shawn Leo Barth, No. 17-3792 (8th Cir. 2018)

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Court Description: Per Curiam - Before Colloton, Bowman and Kelly, Circuit Judges] Criminal case - Sentencing. Defendant was ineligible for a sentence reduction under 18 U.S.C. Sec. 3582(c)(2) based on an amendment to the Sentencing Guidelines as his original sentence was derived from the applicable statutory minimum.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3792 ___________________________ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Shawn Leo Barth, lllllllllllllllllllllDefendant - Appellant. ____________ Appeal from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: October 12, 2018 Filed: November 5, 2018 [Unpublished] ____________ Before COLLOTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Shawn Leo Barth appeals the district court’s1 denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). We agree with the district court that Barth 1 The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota. was ineligible for the requested sentence reduction based on an amendment to the United States Sentencing Guidelines because his original sentence was derived from the applicable statutory minimum. See United States v. Long, 757 F.3d 762, 763-64 (8th Cir. 2014). We therefore affirm the district court’s order. See 8th Cir. R. 47B. ______________________________ -2-