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United States of America Plaintiff - Appellee v. Rodney D. Brown, also known as Rod Defendant - Appellant

PER CURIAM.

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock [Unpublished] Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges. PER CURIAM.

Federal inmate Rodney Brown appeals the district court's dismissal of his pro se motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2). Upon careful 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.

The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas. --------

Accordingly, we affirm. See 8th Cir. R. 47B.

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United States v. Brown
(Sep 1, 2017)