United States v. Rodney Hill, No. 19-1829 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Stras, Wollman and Kobes, Circuit Judges] Criminal case - Sentencing. Defendant was ineligible for relief under Amendment 782 to the Guidelines because his pre- and post-Amendment Guidelines ranges were the same. [ December 10, 2019
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1829 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Rodney Phillip Hill lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: December 6, 2019 Filed: December 11, 2019 [Unpublished] ____________ Before STRAS, WOLLMAN, and KOBES, Circuit Judges. ____________ PER CURIAM. Rodney Hill appeals the district court’s 1 order denying his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines. See 1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. 18 U.S.C. § 3582(c)(2). He has also moved for leave to proceed pro se, and his attorney has asked to withdraw. We conclude that Hill was ineligible for relief because his pre- and postAmendment Guidelines ranges were the same. See 18 U.S.C. § 3582(c)(2) (providing that a court may reduce a term of imprisonment that is based on “a sentencing range that has subsequently been lowered” (emphasis added)); see also United States v. Baylor, 556 F.3d 672, 673 (8th Cir. 2009) (per curiam) (holding that a district court lacks the authority to reduce a sentence under section 3582(c)(2) if the relevant amendment does not lower the applicable Guidelines range). We accordingly affirm the judgment, grant his attorney permission to withdraw, and deny Hill’s motion. ______________________________ -2-
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