United States of America v. Rodney D. Brown, also known as Rod

United States Court of Appeals
For the Eighth Circuit
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No. 17-1200
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Rodney D. Brown, also known as Rod
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
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Submitted: August 30, 2017
Filed: September 1, 2017
[Unpublished]
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Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Federal inmate Rodney Brown appeals the district court’s dismissal of his pro1
se motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Upon careful
The Honorable Brian S. Miller, Chief Judge, United States District Court for1
the Eastern District of Arkansas.

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de novo review, see United States v. Long, 757 F.3d 762, 763 (8th Cir. 2014)
(standard of review), we conclude that dismissal was proper because Brown was
sentenced based on a binding plea agreement that included a base offense level and
drug quantity, but did not include a criminal history level or Guidelines range, and
thus was not expressly based on a Guidelines range that was subsequently lowered
by the Sentencing Commission, see Freeman v. United States, 131 S. Ct. 2685,
2695-700 (2011) (Sotomayor, J., concurring); Long, 757 F.3d at 764.
Accordingly, we affirm. See 8th Cir. R. 47B.
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