Filed: Nov. 05, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3792 _ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Shawn Leo Barth, lllllllllllllllllllllDefendant - Appellant. _ Appeal from United States District Court for the District of North Dakota - Bismarck _ Submitted: October 12, 2018 Filed: November 5, 2018 [Unpublished] _ Before COLLOTON, BOWMAN, and KELLY, Circuit Judges. _ PER CURIAM. Shawn Leo Barth appeals the district court’s1 denial of his motion to redu
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-3792 _ United States of America, lllllllllllllllllllllPlaintiff - Appellee, v. Shawn Leo Barth, lllllllllllllllllllllDefendant - Appellant. _ Appeal from United States District Court for the District of North Dakota - Bismarck _ Submitted: October 12, 2018 Filed: November 5, 2018 [Unpublished] _ Before COLLOTON, BOWMAN, and KELLY, Circuit Judges. _ PER CURIAM. Shawn Leo Barth appeals the district court’s1 denial of his motion to reduc..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-3792
___________________________
United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Shawn Leo Barth,
lllllllllllllllllllllDefendant - Appellant.
____________
Appeal from United States District Court
for the District of North Dakota - Bismarck
____________
Submitted: October 12, 2018
Filed: November 5, 2018
[Unpublished]
____________
Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.
____________
PER CURIAM.
Shawn Leo Barth appeals the district court’s1 denial of his motion to reduce his
sentence under 18 U.S.C. § 3582(c)(2). We agree with the district court that Barth
1
The Honorable Daniel L. Hovland, Chief Judge, United States District Court
for the District of North Dakota.
was ineligible for the requested sentence reduction based on an amendment to the
United States Sentencing Guidelines because his original sentence was derived from
the applicable statutory minimum. See United States v. Long,
757 F.3d 762, 763-64
(8th Cir. 2014). We therefore affirm the district court’s order. See 8th Cir. R. 47B.
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