United States v. Jerrold Hammer

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-3550 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Jerrold Dean Hammer, * * [UNPUBLISHED] Appellant. * ___________ Submitted: April 18, 2012 Filed: April 25, 2012 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Jerrold Hammer appeals the district court’s1 denial of his 18 U.S.C. § 3582(c)(2) motion for a reduction of his revocation sentence. We agree with the court that Hammer was not eligible for a reduction. See U.S.S.G. § 1B1.10, comment. (n.5(A)) (2011); United States v. Morales, 590 F.3d 1049, 1052-53 (9th Cir. 2010); United States v. Fontenot, 583 F.3d 743, 744-45 (10th Cir. 2009); United States v. Forman, 553 F.3d 585, 588-89 (7th Cir. 2009) (per curiam). Accordingly, we affirm the judgment, and we grant counsel’s motion to withdraw. ______________________________ 1 The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa.