United States v. Justin Eaton ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-1798
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Justin K. Eaton
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: December 18, 2019
Filed: December 23, 2019
[Unpublished]
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Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.
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PER CURIAM.
Justin Eaton appeals the district court’s1 order denying his motion to reduce his
sentence under 18 U.S.C. § 3582(c)(2) based on Amendment 801 to the Sentencing
1
The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.
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 judgment is affirmed. See 8th Cir. R. 47B.
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