United States v. Rodney Hill ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-1829
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Rodney Phillip Hill
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Des Moines
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Submitted: December 6, 2019
Filed: December 11, 2019
[Unpublished]
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Before STRAS, WOLLMAN, and KOBES, Circuit Judges.
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PER CURIAM.
Rodney Hill appeals the district court’s 1 order denying his motion for a
sentence reduction under Amendment 782 to the Sentencing Guidelines. See
1
The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.
18 U.S.C. § 3582(c)(2). He has also moved for leave to proceed pro se, and his
attorney has asked to withdraw.
We conclude that Hill was ineligible for relief because his pre- and post-
Amendment Guidelines ranges were the same. See 18 U.S.C. § 3582(c)(2)
(providing that a court may reduce a term of imprisonment that is based on “a
sentencing range that has subsequently been lowered” (emphasis added)); see also
United States v. Baylor, 556 F.3d 672, 673 (8th Cir. 2009) (per curiam) (holding that
a district court lacks the authority to reduce a sentence under section 3582(c)(2) if
the relevant amendment does not lower the applicable Guidelines range). We
accordingly affirm the judgment, grant his attorney permission to withdraw, and
deny Hill’s motion.
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