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23-3320•United States of America v. Humberto Rivera-Moreno, also known as Beto, also known as Erik Moctezuma, also known…
23-3320Court of Appeals for the Eighth CircuitJan 31, 2025
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-1969
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Humberto Rivera-Moreno, also known as Beto, also known as Erik Moctezuma,
also known as Erik Moctezuma-Espindola, also known as Eduardo
Rivera-Moreno, also known as Jose Chavez
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
____________
Submitted: January 14, 2025
Filed: January 22, 2025
[Unpublished]
____________
Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
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Humberto Rivera-Moreno appeals after the district court1 denied his motion
seeking a sentence reduction under 18 U.S.C. § 3582(c)(2). After carefully reviewing
the record, we conclude that the district court did not give any weight--much less
significant weight--to an improper or irrelevant factor, or commit a clear error of
judgment in weighing appropriate factors. See United States v. Tollefson, 853 F.3d
481, 485 (8th Cir. 2017) (reviewing district court’s decision whether to grant eligible
defendant’s § 3582(c)(2) motion for an abuse of discretion); United States v. Denton,
821 F.3d 1012, 1013 (8th Cir. 2016) (explaining abuse-of-discretion standard);
United States v. Granados, 830 F.3d 840, 842-43 (8th Cir. 2016) (per curiam) (district
court has substantial latitude to weigh 18 U.S.C. § 3553(a) factors and does not abuse
its discretion by denying § 3582(c)(2) motion after weighing aggravating factors more
heavily than post-sentencing rehabilitation); United States v. Boyd, 819 F.3d 1054,
1056 (8th Cir. 2016) (per curiam) (post-sentencing prison violations were “clearly
relevant” to district court’s exercise of its discretion).
Accordingly, we affirm.
______________________________
1The Honorable Brian C. Buescher, United States District Judge for the District
of Nebraska.
-2-
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