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United States v. Rodney Hill, 19-1829 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 19-1829 Visitors: 18
Filed: Dec. 11, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-1829 _ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Rodney Phillip Hill lllllllllllllllllllllDefendant - Appellant _ Appeal from United States District Court for the Southern District of Iowa - Des Moines _ Submitted: December 6, 2019 Filed: December 11, 2019 [Unpublished] _ Before STRAS, WOLLMAN, and KOBES, Circuit Judges. _ PER CURIAM. Rodney Hill appeals the district court’s 1 order denying his motion for
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                United States Court of Appeals
                            For the Eighth Circuit
                       ___________________________

                               No. 19-1829
                       ___________________________

                            United States of America

                       lllllllllllllllllllllPlaintiff - Appellee

                                          v.

                               Rodney Phillip Hill

                      lllllllllllllllllllllDefendant - Appellant
                                      ____________

                    Appeal from United States District Court
                 for the Southern District of Iowa - Des Moines
                                 ____________

                          Submitted: December 6, 2019
                           Filed: December 11, 2019
                                 [Unpublished]
                                 ____________

Before STRAS, WOLLMAN, and KOBES, Circuit Judges.
                          ____________

PER CURIAM.

      Rodney Hill appeals the district court’s 1 order denying his motion for a
sentence reduction under Amendment 782 to the Sentencing Guidelines. See

      1
       The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
18 U.S.C. § 3582(c)(2). He has also moved for leave to proceed pro se, and his
attorney has asked to withdraw.

       We conclude that Hill was ineligible for relief because his pre- and post-
Amendment Guidelines ranges were the same. See 18 U.S.C. § 3582(c)(2)
(providing that a court may reduce a term of imprisonment that is based on “a
sentencing range that has subsequently been lowered” (emphasis added)); see also
United States v. Baylor, 
556 F.3d 672
, 673 (8th Cir. 2009) (per curiam) (holding that
a district court lacks the authority to reduce a sentence under section 3582(c)(2) if
the relevant amendment does not lower the applicable Guidelines range). We
accordingly affirm the judgment, grant his attorney permission to withdraw, and
deny Hill’s motion.
                         ______________________________




                                        -2-

Source:  CourtListener

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