United States v. Thomas Crossland

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-2413
___________________________
United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Thomas Scott Crossland
lllllllllllllllllllll Defendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
____________
Submitted: February 2, 2017
Filed: February 7, 2017
[Unpublished]
____________
Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Thomas Crossland appeals the district court’s1 order denying his motion for a
sentence reduction under 18 U.S.C. § 3582(c)(2) and Amendment 782 to the
1
The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
the Western District of Arkansas.
Guidelines. His counsel has moved for leave to withdraw, and has filed a brief
suggesting that a sentence reduction was warranted in light of the manner in which
Crossland’s advisory Guidelines imprisonment range for two drug offenses was
calculated. Crossland has not filed a supplemental brief.
After careful review of the record, we conclude that Crossland was ineligible
for a sentence reduction because his sentences for the drug offenses were not based
on the Guidelines, but rather were based on the applicable statutory maximums. See
United States v. Scurlark, 560 F.3d 839, 841 (8th Cir. 2009) (de novo review of
whether § 3582(c)(2) authorizes modification); United States v. Johnson, 697 F.3d
1190, 1191 (8th Cir. 2012) (per curiam) (affirming denial of § 3582(c)(2) motion
where Guidelines range did not serve as basis for term of imprisonment).
Accordingly, we affirm. We also grant counsel’s motion for leave to withdraw.
______________________________
-2-