United States v. Kelvin Settle

81 F. App'x 899

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 3, 2003
• Docket: 03-1339
• Status: Unpublished

Opinion

PER CURIAM.

Kelvin Settle, a federal prisoner, appeals the district court’s * order denying Settle’s 18 U.S.C. § 3582(c)(2) sentence-reduction motion in which he sought retroactive application of Amendments 624 and 640 under U.S.S.G. § 1B1.10. On appeal, Settle also asks this court to take notice of Amendment 599. Having carefully reviewed the record, we conclude the district court did not commit error. A court may not grant a section 3582(c)(2) motion unless a reduction would be consistent with the applicable policy statements found in U.S.S.G. § 1B1.10, and section 1B1.10 does not permit retroactive application of Amendments 624 and 640 in a section 3582(c)(2) proceeding. Cf. United States v. Dowty, 996 F.2d 937, 938-39 (8th Cir.1993) (per curiam) (amendment to U.S.S.G. § 3El.l(b) could not be applied retroactively in § 3582(c)(2) proceeding when amendment was not listed in § lB1.10(c)). Amendment 599 does not help Settle because it deals with relevant conduct in cases where the defendant is charged with a separate weapon offense, which did not occur in Settle’s case.

We affirm the district court and deny Settle’s pending motions.

* The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.