UNITED STATES v. FORTENBERRY (2021)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. John Richard FORTENBERRY, Defendant-Appellant.

No. 20-1306

Decided: March 19, 2021

Before COLLOTON, ARNOLD, and KELLY, Circuit Judges.

Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO (Laine Cardarella, Fed. Public Defender, on the brief), for defendant-appellant. Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO (Timothy A. Garrison, U.S. Atty., on the brief), for plaintiff-appellee.

[Unpublished]

John Fortenberry appeals an order of the district court denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(1)(A)(i). The district court denied the motion without a response from the government and with no explanation. Under those circumstances, we cannot tell whether the district court believed that it was forbidden as a matter of law to consider grounds raised by Fortenberry. Or, if the court denied the motion as a matter of discretion, we cannot discern how the court exercised its discretion. Without at least a brief explanation from the district court, we cannot meaningfully review the decision to deny the motion. Accordingly, we vacate the order of January 23, 2020, and remand for further consideration. See United States v. Burrell, 622 F.3d 961, 964 (8th Cir. 2010).

PER CURIAM.

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