FILED
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS March 19, 2009
Elisabeth A. Shumaker
TENTH CIRCUIT Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff–Appellee, No. 08-5109
v. (D.C. No. 03-CR-00078-TCK-1)
SHAWN TYWAN SOLOMON, (N.D. Okla.)
Defendant–Appellant.
ORDER AND JUDGMENT *
Before O’BRIEN, McKAY, and GORSUCH, Circuit Judges.
Defendant filed a motion in the district court for a reduction of sentence
pursuant to 18 U.S.C. § 3582(c) based on the retroactive crack guideline
amendment. The court granted this motion and reduced Defendant’s sentence to
the bottom of the revised guideline range. However, the court declined
Defendant’s request to vary below the revised guideline range. Defendant appeals
the denial of his variance request.
After briefing was completed in this case, a panel of this court decided
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
After examining the briefs and the appellate record, this panel has
determined unanimously to grant the parties’ request for a decision on the briefs
without oral argument. See Fed. R. App. P. 34(f).
United States v. Rhodes, 549 F.3d 833 (10th Cir. 2008). Rhodes held that a
district court does not have the authority in a § 3582(c)(2) resentencing
proceeding to impose a sentence below the amended guideline range. Id. at 841.
That decision is dispositive of this appeal. We therefore AFFIRM the sentence
imposed by the district court.
Entered for the Court
Monroe G. McKay
Circuit Judge
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