United States of America v. Pablo J. Carrillo

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2889
___________________________
United States of America,
lllllllllllllllllllll Plaintiff - Appellee,
v.
Pablo J. Carrillo,
lllllllllllllllllllll Defendant - Appellant.
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: April 16, 2018
Filed: April 30, 2018
[Unpublished]
____________
Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Federal inmate Pablo Carrillo appeals the district court’s denial of his 181
U.S.C. § 3582(c)(2) motion to reduce his sentence under Guidelines Amendment 782,
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the1
Western District of Missouri.

-- 1 of 2 --

which lowered the base offense levels for certain drug offenses. His counsel has
moved to withdraw, and has submitted a brief arguing that the district court erred in
denying Carrillo’s motion without holding an evidentiary hearing. Carrillo has filed
a pro se supplemental brief challenging the legality and reasonableness of his
sentence.
We conclude the district court did not err in denying Carrillo’s motion without
holding a hearing. See United States v. Starks, 551 F.3d 839, 842-43 (8th Cir. 2009).
Next, we reject Carrillo’s pro se challenges to his sentence, because section
3582(c)(2) confers jurisdiction only to determine whether a sentence should be
reduced due to a retroactive Guidelines amendment, not for unrelated challenges to
the sentence. See United States v. Auman, 8 F.3d 1268, 1271-72 (8th Cir. 1993).
Accordingly, we grant counsel leave to withdraw, and we affirm.
______________________________
-2-

-- 2 of 2 --