Judges: Wollman, Hansen, and Murphy, Circuit Judges
Filed: May 08, 2008
Latest Update: Mar. 31, 2017
Summary: 524 F.3d 891 (2008) UNITED STATES of America, Appellee, v. Ferdinand McGUIRE, Appellant. No. 08-1793. United States Court of Appeals, Eighth Circuit. Submitted: April 21, 2008. Filed: May 8, 2008. *892 Ferdinand McGuire, pro se. Allison Hart Behrens, AUSA, St. Louis, MO, for appellee. Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. PER CURIAM. Ferdinand McGuire appeals from the district court's [1] order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) based on
Summary: 524 F.3d 891 (2008) UNITED STATES of America, Appellee, v. Ferdinand McGUIRE, Appellant. No. 08-1793. United States Court of Appeals, Eighth Circuit. Submitted: April 21, 2008. Filed: May 8, 2008. *892 Ferdinand McGuire, pro se. Allison Hart Behrens, AUSA, St. Louis, MO, for appellee. Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. PER CURIAM. Ferdinand McGuire appeals from the district court's [1] order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) based on ..
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524 F.3d 891 (2008)
UNITED STATES of America, Appellee,
v.
Ferdinand McGUIRE, Appellant.
No. 08-1793.
United States Court of Appeals, Eighth Circuit.
Submitted: April 21, 2008.
Filed: May 8, 2008.
Ferdinand McGuire, pro se.
Allison Hart Behrens, AUSA, St. Louis, MO, for appellee.
Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.
PER CURIAM.
Ferdinand McGuire appeals from the district court's[1] order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 706 to the United States Sentencing Guidelines Manual (USSG), which reduced the base offense levels in USSG § 2D1.1(c) based on the quantity of cocaine base (crack).
McGuire pleaded guilty to possessing with intent to distribute cocaine base, acknowledging that he was accountable for a quantity of 5.19 grams of that substance, which subjected him to a minimum mandatory sentence of 60 months' imprisonment. See 21 U.S.C. § 841(b)(1)(B); USSG § 5G1.1(c)(2). Accordingly, McGuire is not entitled to a reduction under the retroactive amendment. See USSG § 1B1.10(b)(2)(A); id., cmt. n. 1(a)(ii); United States v. Peters, No. 08-1672, 2008 WL 1867078 (8th Cir. Apr.29, 2008).
The judgment is summarily affirmed. See 8th Cir. R. 47A(a).
NOTES
[1] The Honorable Henry Edward Autrey, United States District Judge for the Eastern District of Missouri.
