United States of America v. Bobby Glenn Banks

United States Court of Appeals
For the Eighth Circuit
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No. 12-2253
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Bobby Glenn Banks
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: March 20, 2013
Filed: April 11, 2013
[Unpublished]
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Before MURPHY, SMITH, and COLLOTON, Circuit Judges.
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PER CURIAM.
Bobby Banks appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2)1
motion to reduce his sentence under Amendment 750 of the United States Sentencing
The Honorable J. Leon Holmes, United States District Judge for the Eastern1
District of Arkansas.

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Guidelines. After careful review of the record, we conclude the district court did not
abuse its discretion in finding that Banks was responsible for more than 2.8 kilograms
of cocaine base, and thus that the amendment did not change his Guidelines range.
See United States v. Anderson, No. 12-2275, 2013 WL 656503, at *2 (8th Cir. Feb.
25, 2013) (per curiam) (standard of review; district court may make new factual
findings in considering § 3582(c)(2) motion, as long as they are consistent with
original sentencing determination and supported by record). Accordingly, we affirm
the judgment of the district court, grant counsel’s motion to withdraw, and deny
Banks’s request for new counsel.
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