USA v. Michael A. Ealey

1The HONORABLE HARRY F. BARNES, United States District Judge for the
Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-3056
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Charles Ray Edwards, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Western District of Arkansas.
*
United States of America, * [UNPUBLISHED]
*
Appellee. *
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Submitted: July 5, 2000
Filed: July 11, 2000
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Before LOKEN, FAGG, and HANSEN, Circuit Judges.
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PER CURIAM.
Charles Ray Edwards, a federal prisoner, appeals the district court’s1 order
denying his motion, brought under 18 U.S.C. § 3852(c)(2), to reduce his sentence.
Edwards sought retroactive application of U.S. Sentencing Guidelines Manual
§ 5K2.13, p.s., as amended in 1998 by Amendment 583. Having carefully reviewed
the record, we conclude the district court did not err because a court may not grant a
sentence reduction under section 3582(c)(2) unless the reduction is consistent with

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applicable policy statements issued by the Sentencing Commission. The relevant
policy statement, U.S. Sentencing Guidelines Manual § 1B1.10, p.s. (1998) does not
allow for retroactive application of Amendment 583 in a section 3582(c)(2) proceeding.
See United States v. Dowty, 996 F.2d 937, 938-39 (8th Cir. 1993) (per curiam)
(amendment to U.S.S.G. § 3E1.1(b) could not be applied retroactively in § 3582(c)(2)
proceeding when amendment was not listed in § 1B1.10(c), p.s.). Therefore, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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