United States v. Douglas Meeks , 469 F. App'x 479 ( 2012 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 11-3885
    ___________
    United States of America,               *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                * District Court for the
    * Southern District of Iowa.
    Douglas Marcel Meeks,                   *
    * [UNPUBLISHED]
    Appellant.                  *
    ___________
    Submitted: April 23, 2012
    Filed: May 1, 2012
    ___________
    Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
    ___________
    PER CURIAM.
    Douglas Meeks appeals the district court’s1 order denying his request for a
    post-judgment sentence reduction. Upon careful review, we conclude that the district
    court did not abuse its discretion in denying Meeks’s request, see United States v.
    Whiting, 
    522 F.3d 845
    , 852-53 (8th Cir. 2008) (standard of review), because Meeks
    was sentenced before the enactment of the Fair Sentencing Act of 2010 and he
    received a statutory mandatory minimum sentence, see United States v. Sidney, 
    648 F.3d 904
    , 908 (8th Cir. 2011) (statutory mandatory minimums have always trumped
    1
    The Honorable John A. Jarvey, United States District Judge for the Southern
    District of Iowa.
    Guidelines, even where amended Guidelines would have otherwise called for shorter
    sentence); United States v. Orr, 
    636 F.3d 944
    , 957-58 (8th Cir. 2011) (Fair
    Sentencing Act did not apply retroactively to defendant who was sentenced before
    enactment of FSA to mandatory minimum sentence of life under 21 U.S.C. §
    841(b)(1)(A)).
    Accordingly, we affirm. In addition, we deny Meeks’s motion to hold this
    appeal in abeyance.
    ______________________________
    -2-
    

Document Info

Docket Number: 11-3885

Citation Numbers: 469 F. App'x 479

Judges: Melloy, Per Curiam, Smith, Wollman

Filed Date: 5/1/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023