United States v. Danny Jarrett

United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3908 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Danny K. Jarrett, also known as Dough-Boy lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the Western District of Missouri - Springfield ____________ Submitted: May 7, 2013 Filed: May 10, 2013 [Unpublished] ____________ Before MURPHY, SMITH, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Danny Jarrett appeals the district court’s1 denial of his 18 U.S.C. § 3582(c)(2) sentence-reduction motion based on Amendment 750 to the United States Sentencing 1 The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri. Guidelines. We conclude that the denial was proper, because the amendment did not lower Jarrett’s applicable Guidelines range. See United States v. Washington, 618 F.3d 869, 872 (8th Cir. 2010) (sentence reduction under § 3582(c)(2) is not authorized where amendment does not have effect of lowering defendant’s applicable Guidelines range). Accordingly, we affirm. We also grant counsel’s motion to withdraw, subject to counsel informing Jarrett about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ -2-