United States v. Shawn Leo Barth

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 5, 2018
• Docket: 17-3792
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3792 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Shawn Leo Barth,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the District of North Dakota - Bismarck ____________

Submitted: October 12, 2018 Filed: November 5, 2018 [Unpublished] ____________

Before COLLOTON, BOWMAN, and KELLY, Circuit Judges. ____________

PER CURIAM.

Shawn Leo Barth appeals the district court’s1 denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). We agree with the district court that Barth

1 The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota. was ineligible for the requested sentence reduction based on an amendment to the United States Sentencing Guidelines because his original sentence was derived from the applicable statutory minimum. See United States v. Long, 757 F.3d 762, 763-64 (8th Cir. 2014). We therefore affirm the district court’s order. See 8th Cir. R. 47B. ______________________________

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