United States of America v. Noel Rivera, also known as Cabo Rivera

United States Court of Appeals
For the Eighth Circuit
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No. 24-1297
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Noel Rivera, also known as Cabo Rivera
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of South Dakota
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Submitted: September 5, 2024
Filed: September 10, 2024
[Unpublished]
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Before SMITH, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
Noel Rivera appeals the district court’s1 order denying his 18 U.S.C.
§ 3582(c)(2) motion seeking a sentence reduction under United States Sentencing
1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

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Guidelines Amendment 821 and § 4C1.1. His counsel moved for leave to withdraw
and filed a brief challenging the denial of the reduction. Rivera filed a pro se
supplemental brief.
After carefully considering the record and the arguments properly before us,
we conclude the district court did not err in denying the § 3582(c)(2) motion. See
United States v. Koons, 850 F.3d 973, 976 (8th Cir. 2017) (reviewing de novo a
defendant’s eligibility for § 3582(c)(2) sentence reduction); see also U.S.S.G.
§ 4C1.1(a)(7) (allowing offense level reduction for certain “Zero-Point” offenders
when, among other requirements, a defendant did not receive, possess, or transport
firearms in connection with the offense); Jackson v. Nixon, 747 F.3d 537, 544 (8th
Cir. 2014) (declining to address legal or factual claims presented for first time on
appeal). Accordingly, we affirm and grant counsel leave to withdraw.
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