United States v. Bobby Graves

502 F. App'x 631

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 24, 2013
• Docket: 12-3763
• Status: Unpublished

Opinion

PER CURIAM.

Bobby Graves appeals the district court’s 1 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion based on Amendment 750 to the United States Sentencing Guidelines. We affirm, as the amendment did not lower Graves’s Guidelines range. See U.S.S.G. § 1B1.10, comment. (n.l(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 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.

1 . The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.