United States of America v. Ontario Rush-Richardson

12-4018Court of Appeals for the Eighth CircuitJan 31, 2014

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 13-1339
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Ontario Rush-Richardson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Davenport
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Submitted: October 21, 2013
Filed: January 9, 2014
[Unpublished]
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Before RILEY, Chief Judge, MURPHY and COLLOTON, Circuit Judges.
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PER CURIAM.
Ontario Rush-Richardson appeals from an order of the district court denying1
him a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based upon certain
The Honorable John A. Jarvey, United States District Judge for the Southern1
District of Iowa.

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amendments to the United States Sentencing Guidelines for offenses involving
cocaine base. See U.S.S.G. § 1B1.10(c). In declining to reduce Rush-Richardson’s
sentence, the district court concluded (1) Rush-Richardson had already received
“significant concessions” from the government as a result of his plea agreement, and
(2) a sentence reduction would cause Rush-Richardson to receive inadequate
punishment “for possessing three firearms in connection with his drug trafficking
offense.” Having carefully reviewed the record, we conclude the district court did not
abuse its discretion in denying Rush-Richardson a sentence reduction. See United
States v. Johnson, 703 F.3d 464, 466-67 (8th Cir. 2013) (standard of review).
Accordingly, we affirm. See 8th Cir. R. 47B.
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