United States v. Noel Rivera

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 10, 2024
• Docket: 24-1297
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-1297 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Noel Rivera, also known as Cabo Rivera

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the District of South Dakota ____________

Submitted: September 5, 2024 Filed: September 10, 2024 [Unpublished] ____________

Before SMITH, BENTON, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Noel Rivera appeals the district court’s1 order denying his 18 U.S.C. § 3582(c)(2) motion seeking a sentence reduction under United States Sentencing

1 The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota. Guidelines Amendment 821 and § 4C1.1. His counsel moved for leave to withdraw and filed a brief challenging the denial of the reduction. Rivera filed a pro se supplemental brief.

After carefully considering the record and the arguments properly before us, we conclude the district court did not err in denying the § 3582(c)(2) motion. See United States v. Koons, 850 F.3d 973, 976 (8th Cir. 2017) (reviewing de novo a defendant’s eligibility for § 3582(c)(2) sentence reduction); see also U.S.S.G. § 4C1.1(a)(7) (allowing offense level reduction for certain “Zero-Point” offenders when, among other requirements, a defendant did not receive, possess, or transport firearms in connection with the offense); Jackson v. Nixon, 747 F.3d 537, 544 (8th Cir. 2014) (declining to address legal or factual claims presented for first time on appeal). Accordingly, we affirm and grant counsel leave to withdraw. ______________________________

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