UNITED STATES v. GUNN (2020)

United States Court of Appeals, Eighth Circuit.

UNITED STATES of America Plaintiff - Appellee v. Timothy Jermaine GUNN, also known as Doh-Doh Defendant - Appellant

No. 20-1859

Decided: November 06, 2020

Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. Richard D. Westphal, Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA, for Plaintiff-Appellee Timothy Jermaine Gunn, Pro Se

[Unpublished]

Timothy Gunn appeals the district court's ¹ order denying his motions for relief under the First Step Act of 2018 (FSA). See Pub. L. No. 115-391, 132 Stat. 5194. The district court determined Gunn was eligible for relief under the FSA, but declined to reduce his sentence.

In exercising its discretion to deny relief, the district court considered the factors on which it based Gunn's original sentence and concluded they outweighed Gunn's arguments in favor of a sentence reduction. We find no abuse of discretion in the district court's denial of relief. See United States v. McDonald, 944 F.3d 769, 771 (8th Cir. 2019) (standard of review). Accordingly, we affirm the judgment of the district court, and grant counsel's motion for leave to withdraw.

FOOTNOTES

1.   The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa.

PER CURIAM.