222399P.pdf   04/25/2023  United States  v.  Rodrigo Rodriguez-Mendez
   U.S. Court of Appeals Case No:  22-2399
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit 
   Judge] 
   Criminal case - Sentencing. Concepcion v. United States, 142 S.Ct. 2389 
   (2022) did not overrule this court's decision in United States v. 
   Crandall, 25 F.4th 582 (8th Cir. 2022), where this court held that a 
   non-retroactive change in law regarding sentencing, such as Section 
   401(a)(2) of the First Step Act, whether offered alone or in combination 
   with other factors, cannot contribute to a finding of extraordinary and 
   compelling reasons for a reduction in sentence under Section 
   3582(c)(1)(A); as a result, the issue raised here does not fall within a 
   limited exception to the prior-panel rule - when an intervening expression 
   of the Supreme Court is inconsistent with this court's prior decisions; 
   Concepcion remains controlling Eighth Circuit law and is binding on the 
   panel.