United States of America v. John Richard Fortenberry

United States Court of Appeals
For the Eighth Circuit
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No. 20-1306
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
John Richard Fortenberry,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: November 16, 2020
Filed: March 19, 2021
[Unpublished]
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Before COLLOTON, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.
John Fortenberry appeals an order of the district court denying his motion for
reduction of sentence under 18 U.S.C. § 3582(c)(1)(A)(i). The district court denied
the motion without a response from the government and with no explanation. Under
those circumstances, we cannot tell whether the district court believed that it was
forbidden as a matter of law to consider grounds raised by Fortenberry. Or, if the

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court denied the motion as a matter of discretion, we cannot discern how the court
exercised its discretion. Without at least a brief explanation from the district court,
we cannot meaningfully review the decision to deny the motion. Accordingly, we
vacate the order of January 23, 2020, and remand for further consideration. See
United States v. Burrell, 622 F.3d 961, 964 (8th Cir. 2010).
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