Opinion
No. 19-1798
12-23-2019
United States of America Plaintiff - Appellee v. Justin K. Eaton Defendant - Appellant
Appeal from United States District Court for the Western District of Missouri - Kansas City [Unpublished] Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges. PER CURIAM.
Justin Eaton appeals the district court's order denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) based on Amendment 801 to the Sentencing Guidelines. Because Amendment 801 is not listed in U.S.S.G. § 1B1.10(d), we agree with the district court that section 3582c)(2) does not authorize a sentence reduction. See U.S.S.G. § 1B1.10(a) (sentence-reduction authority under § 3582(c)(2) limited to amendments listed in subsection (d)); United States v. Koons, 850 F.3d 973, 976 (8th Cir. 2017) (discussing retroactivity of sentence-reducing amendments), aff'd, 138 S. Ct. 1783 (2018). We also reject Eaton's argument that non-retroactivity gives rise to a due process concern. See United States v. Johnson, 703 F.3d 464, 469 (8th Cir. 2013).
The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.
The judgment is affirmed. See 8th Cir. R. 47B.