UNITED STATES v. CROSSLAND, No. 16-2413 (8th Cir. 2/7/2017) [UNPUBLISHED]

United States Court of Appeals

For the Eighth Circuit

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No. 16-2413

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United States of America

Plaintiff – Appellee

v.

Thomas Scott Crossland

Defendant – Appellant

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Appeal from United States District Court for the Western District of Arkansas – Ft. Smith

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?Submitted: February 2, 2017

Filed: February 7, 2017

[Unpublished]

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Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

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Summary:?Criminal case – Sentencing. Defendant was ineligible for a sentence reduction under 18 U.S.C. Sec. 3582(c)(2) and Amendment 782 as his sentences for his drug offenses were based on the applicable statutory maximums rather than the sentencing guidelines.

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PER CURIAM.

Thomas Crossland appeals the district court?s^[1] order denying his motion for a sentence reduction under 18 U.S.C. ? 3582(c)(2) and Amendment 782 to the Guidelines.? His counsel has moved for leave to withdraw, and has filed a brief suggesting that a sentence reduction was warranted in light of the manner in which Crossland?s advisory Guidelines imprisonment range for two drug offenses was calculated.? Crossland has not filed a supplemental brief.

After careful review of the record, we conclude that Crossland was ineligible for a sentence reduction because his sentences for the drug offenses were not based on the Guidelines, but rather were based on the applicable statutory maximums.? See United States v. Scurlark, 560 F.3d 839, 841 (8th Cir. 2009) (de novo review of whether ? 3582(c)(2) authorizes modification); United States v. Johnson, 697 F.3d 1190, 1191 (8th Cir. 2012) (per curiam) (affirming denial of ? 3582(c)(2) motion where Guidelines range did not serve as basis for term of imprisonment).

Accordingly, we affirm.? We also grant counsel?s motion for leave to withdraw.

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[1] The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas.