United States of America v. Dennis Gene Shipton

United States Court of Appeals
For the Eighth Circuit
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No. 19-1926
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Dennis Gene Shipton
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the District of North Dakota - Fargo
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Submitted: February 5, 2020
Filed: February 11, 2020
[Unpublished]
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Before GRUENDER, BEAM, and KELLY, Circuit Judges.
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PER CURIAM.
Federal inmate Dennis Shipton appeals after the district court1 denied a pro se
motion in his criminal case, in which he sought a sentence reduction under the First
1The Honorable Daniel L. Hovland, Chief Judge, United States District Court
for the District of North Dakota.

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Step Act of 2018 (FSA), see Pub. L. No. 115-391, 132 Stat. 5194 (2018). Upon de
novo review of the record, see United States v. McDonald, 944 F.3d 769, 771 (8th
Cir. 2019) (standard of review), we agree with the district court that Shipton was not
eligible for a sentence reduction under section 401 of the FSA, as he was sentenced
prior to December 21, 2018, see United States v. Wiseman, 932 F.3d 411, 417 (6th
Cir. 2019) (§ 401 of FSA did not apply to defendant who was sentenced prior to
December 21, 2018). Accordingly, we affirm.
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