UNITED STATES v. HILL (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Rodney Phillip HILL Defendant - Appellant

No. 19-1829

Decided: December 11, 2019

Before STRAS, WOLLMAN, and KOBES, Circuit Judges.

Debra L. Scorpiniti, Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, for Plaintiff - Appellee Rodney Phillip Hill, Pro Se

[Unpublished]

Rodney Hill appeals the district court's ¹ order denying his motion for a sentence reduction under Amendment 782 to the Sentencing Guidelines. See 18 U.S.C. § 3582(c)(2). He has also moved for leave to proceed pro se, and his attorney has asked to withdraw.

We conclude that Hill was ineligible for relief because his pre- and post-Amendment Guidelines ranges were the same. See 18 U.S.C. § 3582(c)(2) (providing that a court may reduce a term of imprisonment that is based on “a sentencing range that has subsequently been lowered” (emphasis added)); see also United States v. Baylor, 556 F.3d 672, 673 (8th Cir. 2009) (per curiam) (holding that a district court lacks the authority to reduce a sentence under section 3582(c)(2) if the relevant amendment does not lower the applicable Guidelines range). We accordingly affirm the judgment, grant his attorney permission to withdraw, and deny Hill's motion.

FOOTNOTES

1. The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa.

PER CURIAM.

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