UNITED STATES v. CARRILLO (2018)

[Unpublished]

Federal inmate Pablo Carrillo appeals the district court’s ¹ denial of his 18 U.S.C.§ 3582(c)(2) motion to reduce his sentence under Guidelines Amendment 782, which lowered the base offense levels for certain drug offenses. His counsel has moved to withdraw, and has submitted a brief arguing that the district court erred in denying Carrillo’s motion without holding an evidentiary hearing. Carrillo has filed a pro se supplemental brief challenging the legality and reasonableness of his sentence.

We conclude the district court did not err in denying Carrillo’s motion without holding a hearing. See United States v. Starks, 551 F.3d 839, 842-43 (8th Cir. 2009). Next, we reject Carrillo’s pro se challenges to his sentence, because section 3582(c)(2) confers jurisdiction only to determine whether a sentence should be reduced due to a retroactive Guidelines amendment, not for unrelated challenges to the sentence. See United States v. Auman, 8 F.3d 1268, 1271-72 (8th Cir. 1993). Accordingly, we grant counsel leave to withdraw, and we affirm.

FOOTNOTES

1.   The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.

PER CURIAM.