United States of America v. Justin K. Eaton

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-1798
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Justin K. Eaton
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: December 18, 2019
Filed: December 23, 2019
[Unpublished]
____________
Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.
____________
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
1The Honorable Roseann A. Ketchmark, United States District Judge for the
Western District of Missouri.

-- 1 of 2 --

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.
______________________________
-2-

-- 2 of 2 --