United States v. Eric Fonville , 327 F. App'x 673 ( 2009 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 08-2964
    ___________
    United States of America,               *
    *
    Appellee,                  *
    * Appeal from the United
    v.                                * States District Court for the
    * Northern District of Iowa.
    Eric Delon Fonville,                    *
    *     [UNPUBLISHED]
    Appellant.                 *
    __________
    Submitted: May 11, 2009
    Filed: May 18, 2009
    ___________
    Before RILEY, SMITH, and COLLOTON, Circuit Judges.
    ___________
    PER CURIAM.
    On May 1, 2008, Eric Delon Fonville (Fonville) filed a motion with the district
    court1 requesting a sentence reduction under 18 U.S.C. § 3582(c)(2). Fonville argued
    his sentence was based upon the United States Sentencing Guidelines (U.S.S.G. or
    Guidelines), and therefore, his sentence should be reduced pursuant to the Guidelines’
    amendments which retroactively reduced the offense level applicable to cocaine base
    (crack) offenses. See Amendment 706 to U.S.S.G. § 1B1.10(c); Amendment 715 to
    U.S.S.G. §§ 1B1.10, 2D1.1. The district court denied Fonville’s motion because
    1
    The Honorable Linda R. Reade, Chief Judge, United States District Court for
    the Northern District of Iowa.
    Fonville was sentenced according to the terms of a Federal Rule of Criminal
    Procedure 11(c)(1)(C) (formerly Fed. R. Crim. P. 11(e)(1)(C)) plea agreement, which
    was agreed to by the parties and accepted by the sentencing court.
    On appeal, Fonville argues his Rule 11(c)(1)(C) plea agreement does not
    preclude a sentence reduction under 18 U.S.C. § 3582(c)(2). In United States v.
    Scurlark, 
    560 F.3d 839
    , 842-43 (8th Cir. 2009), our court held that when a sentence
    is based upon a binding Rule 11(c)(1)(C) plea agreement, courts are bound by the
    terms of the agreement and have no authority under § 3582(c)(2) to alter those terms
    because of the subsequently amended Guidelines for the retroactive crack cocaine
    sentencing reduction. We follow our precedent, as we must, and affirm the district
    court’s opinion and judgment denying Fonville’s motion for a reduced sentence.
    ______________________________
    -2-
    

Document Info

Docket Number: 08-2964

Citation Numbers: 327 F. App'x 673

Judges: Riley, Smith, Colloton

Filed Date: 5/18/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024