United States of America v. David Willie Seigler, also known as David Willis Seigler

United States Court of Appeals
For the Eighth Circuit
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No. 12-3014
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
David Willie Seigler, also known as David Willis Seigler
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota - St. Paul
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Submitted: February 20, 2013
Filed: February 26, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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PER CURIAM.
Texas inmate David Seigler appeals the district court’s denial of his 18 U.S.C.1
§ 3582(c)(2) motion for a sentence reduction based on U.S.S.G. Amendment 742
The Honorable Michael J. Davis, Chief Judge, United States District Court for1
the District of Minnesota.

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(deleting “recency” criminal history points). We agree with the district court that
section 3582(c)(2) does not permit a sentencing reduction under Amendment 742,
because the amendment is not listed in U.S.S.G. § 1B1.10(c) among those Guidelines
amendments that may be applied retroactively. Thus, even if Amendment 742 were
a clarifying rather than substantive amendment, as Seigler argues, he is not entitled
to a reduction under section 3582(c)(2). See United States v. McHan, 386 F.3d 620,
622 (4th Cir. 2004).
We affirm the judgment of the district court. See 8th Cir. R. 47B.
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