UNITED STATES v. EATON (2019)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Justin K. EATON, Defendant-Appellant.

No. 19-1798

Decided: December 23, 2019

Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.

Justin K. Eaton, Springfield, MO pro se. Catherine A. Connelly, Asst. U.S. Atty., Kansas City, MO (Timothy A. Garrison, U.S. Atty., on the brief), for appellee.

[Unpublished]

Justin Eaton appeals the district court's ¹ order denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) based on Amendment 801 to the Sentencing Guidelines. Because Amendment 801 is not listed in U.S.S.G. § 1B1.10(d), we agree with the district court that section 3582(c)(2) does not authorize a sentence reduction. See U.S.S.G. § 1B1.10(a) (sentence-reduction authority under § 3582(c)(2) limited to amendments listed in subsection (d)); United States v. Koons, 850 F.3d 973, 976 (8th Cir. 2017) (discussing retroactivity of sentence-reducing amendments), aff'd, ––– U.S. ––––, 138 S. Ct. 1783, 201 L.Ed.2d 93 (2018). We also reject Eaton's argument that non-retroactivity gives rise to a due process concern. See United States v. Johnson, 703 F.3d 464, 469 (8th Cir. 2013).

The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.

PER CURIAM.

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