United States v. Phillip Brumfield

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 11-3584
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Southern District of Iowa.
James Lee Brown, *
* [UNPUBLISHED]
Appellant. *
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Submitted: July 5, 2012
Filed: July 10, 2012
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Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
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PER CURIAM.
James Brown appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2)1
sentence-reduction motion based on Amendment 750 to the United States Sentencing
Guidelines. We affirm, as Brown’s applicable Guidelines range was not lowered by
the amendment. See U.S.S.G. § 1B1.10, comment. (n.1(A)) (eligibility for
consideration under § 3582(c)(2) is triggered only by amendment that lowers
applicable Guidelines range); United States v. Tolliver, 570 F.3d 1062, 1066-67 (8th
Cir. 2009) (where applicable Guidelines range was not lowered by amendment,
The Honorable Ronald E. Longstaff, United States District Judge for the1
Southern District of Iowa.

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district court lacked authority to reduce sentence). To the extent Brown has raised
arguments that are not based on a Guidelines amendment, those arguments are not
properly raised in a section 3582(c)(2) motion.
The judgment is affirmed. Counsel’s motion to withdraw is granted.
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