UNITED STATES v. SHIPTON (2020)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff-Appellee v. Dennis Gene SHIPTON Defendant-Appellant

No. 19-1926

Decided: February 11, 2020

Before GRUENDER, BEAM, and KELLY, Circuit Judges.

Matthew Greenley, Assistant U.S. Attorney, Christopher C. Myers, Assistant U.S. Attorney, Brett M. Shasky, Assistant U.S. Attorney, U.S. Attorney's Office, District of North Dakota, Fargo, ND, for Plaintiff-Appellee Dennis Gene Shipton, Pro Se

[Unpublished]

Federal inmate Dennis Shipton appeals after the district court ¹ denied a pro se motion in his criminal case, in which he sought a sentence reduction under the First Step Act of 2018 (FSA), see Pub. L. No. 115-391, 132 Stat. 5194 (2018). Upon de novo review of the record, see United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (standard of review), we agree with the district court that Shipton was not eligible for a sentence reduction under section 401 of the FSA, as he was sentenced prior to December 21, 2018, see United States v. Wiseman, 932 F.3d 411, 417 (6th Cir. 2019) (§ 401 of FSA did not apply to defendant who was sentenced prior to December 21, 2018). Accordingly, we affirm.

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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