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11-2606•Brian Ridenour v. Boehringer Ingelheim Corp.
11-2606Court of Appeals for the Eighth CircuitMay 31, 2012
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 11-3885
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
Douglas Marcel Meeks, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: April 23, 2012
Filed: May 1, 2012
___________
Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
___________
PER CURIAM.
Douglas Meeks appeals the district court’s order denying his request for a1
post-judgment sentence reduction. Upon careful review, we conclude that the district
court did not abuse its discretion in denying Meeks’s request, see United States v.
Whiting, 522 F.3d 845, 852-53 (8th Cir. 2008) (standard of review), because Meeks
was sentenced before the enactment of the Fair Sentencing Act of 2010 and he
received a statutory mandatory minimum sentence, see United States v. Sidney, 648
F.3d 904, 908 (8th Cir. 2011) (statutory mandatory minimums have always trumped
The Honorable John A. Jarvey, United States District Judge for the Southern1
District of Iowa.
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Guidelines, even where amended Guidelines would have otherwise called for shorter
sentence); United States v. Orr, 636 F.3d 944, 957-58 (8th Cir. 2011) (Fair
Sentencing Act did not apply retroactively to defendant who was sentenced before
enactment of FSA to mandatory minimum sentence of life under 21 U.S.C. §
841(b)(1)(A)).
Accordingly, we affirm. In addition, we deny Meeks’s motion to hold this
appeal in abeyance.
______________________________
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