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United States v. Rodney Brown, 17-1200 (2017)

Court: Court of Appeals for the Eighth Circuit Number: 17-1200 Visitors: 28
Filed: Sep. 01, 2017
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-1200 _ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Rodney D. Brown, also known as Rod lllllllllllllllllllll Defendant - Appellant _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: August 30, 2017 Filed: September 1, 2017 [Unpublished] _ Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges. _ PER CURIAM. Federal inmate Rodney Brown appeals the district
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                 United States Court of Appeals
                            For the Eighth Circuit
                        ___________________________

                                No. 17-1200
                        ___________________________

                             United States of America

                        lllllllllllllllllllll Plaintiff - Appellee

                                           v.

                      Rodney D. Brown, also known as Rod

                      lllllllllllllllllllll Defendant - Appellant
                                      ____________

                     Appeal from United States District Court
                 for the Eastern District of Arkansas - Little Rock
                                  ____________

                            Submitted: August 30, 2017
                             Filed: September 1, 2017
                                  [Unpublished]
                                  ____________

Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.
                          ____________

PER CURIAM.

      Federal inmate Rodney Brown appeals the district court’s1 dismissal of his pro
se motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Upon careful

      1
       The Honorable Brian S. Miller, Chief Judge, United States District Court for
the Eastern District of Arkansas.
de novo review, see United States v. Long, 
757 F.3d 762
, 763 (8th Cir. 2014)
(standard of review), we conclude that dismissal was proper because Brown was
sentenced based on a binding plea agreement that included a base offense level and
drug quantity, but did not include a criminal history level or Guidelines range, and
thus was not expressly based on a Guidelines range that was subsequently lowered
by the Sentencing Commission, see Freeman v. United States, 
131 S. Ct. 2685
,
2695-700 (2011) (Sotomayor, J., concurring); 
Long, 757 F.3d at 764
.

      Accordingly, we affirm. See 8th Cir. R. 47B.
                     ______________________________




                                        -2-

Source:  CourtListener

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