Opinion
No. 19-1926
02-11-2020
United States of America Plaintiff - Appellee v. Dennis Gene Shipton Defendant - Appellant
Appeal from United States District Court for the District of North Dakota - Fargo [Unpublished] Before GRUENDER, BEAM, and KELLY, Circuit Judges. PER CURIAM.
Federal inmate Dennis Shipton appeals after the district court denied a pro se motion in his criminal case, in which he sought a sentence reduction under the First 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.
The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota. --------