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United States v. Shawn Leo Barth, 17-3792 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 17-3792 Visitors: 41
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District Court for the District of North Dakota - Bismarck _ Submitted: October 12, 2018 Filed: November 5, 2018 [Unpublished] _ Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.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
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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                                   [Unpublished]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.
                        ______________________________




                                         -2-

Source:  CourtListener

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