U.S. v. GILMORE

No. 15-3114.

841 F.3d 909 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Jeremy GILMORE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed November 15, 2016.


Attorney(s) appearing for the Case

Branden A. Bell , Assistant Federal Public Defender ( Melody Brannon , Federal Public Defender, with him on the briefs), Topeka, Kansas, for Defendant-Appellant.

James A. Brown , Assistant United States Attorney ( Barry R. Grissom , United States Attorney, with him on the brief), Topeka, Kansas, for Plaintiff-Appellee.

Before HOLMES, SEYMOUR, and PHILLIPS, Circuit Judges.


The district court denied Jeremy Gilmore's motion to reduce his sentence in accordance with a retroactive sentencing amendment because his term of imprisonment was not "based on" a guidelines sentencing range, as is required by 18 U.S.C. § 3582(c)(2). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

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