UNITED STATES v. BARTH (2018)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Shawn Leo BARTH, Defendant-Appellant.

No. 17-3792

Decided: November 05, 2018

Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.

Megan A. Healy, Assistant U.S. Attorney, U.S. Attorney's Office, District of North Dakota, Fargo, ND, Rick Lee Volk, Assistant U.S. Attorney, U.S. Attorney's Office, District of North Dakota, Bismarck, ND, for Plaintiff-Appellee Shawn Leo Barth, Pro Se

[Unpublished]

Shawn Leo Barth appeals the district court's ¹ denial of his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). We agree with the district court that Barth 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.

FOOTNOTES

1. The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota.

PER CURIAM.

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