UNITED STATES v. ALONZO (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Antonio Jose ALONZO Defendant-Appellant

No. 17-2261

Decided: January 29, 2018

Before GRUENDER, BOWMAN, and KELLY, Circuit Judges.

Megan A. Healy, Christopher C. Myers, Brett M. Shasky, Assistant U.S. Attorneys, U.S. Attorney's Office, District of North Dakota, Fargo, ND, for Plaintiff-Appellee Antonio Jose Alonzo, Pro Se

[Unpublished]

Antonio Jose Alonzo appeals from the district court's ¹ order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). Following de novo review, we agree with the district court that Alonzo 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. Moore, 734 F.3d 836, 837-38 (8th Cir. 2013). We affirm the judgment and grant counsel's motion to withdraw.

FOOTNOTES

1. The Honorable Ralph R. Erickson, then United States District Judge for the District of North Dakota, now United States Circuit Judge.

PER CURIAM.

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