United States v. James Brown

471 F. App'x 547

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 10, 2012
• Docket: 11-3584
• Status: Unpublished

Opinion

PER CURIAM.

James Brown 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 Brown’s applicable Guidelines range was not lowered by the amendment. 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). To the extent Brown has raised arguments that are not based on a Guidelines amendment, those arguments are not properly raised in a section 3582(c)(2) motion.

The judgment is affirmed. Counsel’s motion to withdraw is granted.

1 . The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa.