United States v. Earl Smith

294 F. App'x 240

Opinion

[UNPUBLISHED]

PER CURIAM.

Earl Smith appeals the district court’s 1 order denying his motion for a reduction of his sentence pursuant to 18 U.S.C. § 3582(e)(2) based on Amendment 706 to the United States Sentencing Guidelines, which reduced the base offense levels in U.S.S.G. § 2D1.1(c) for cocaine-base offenses.

Smith pleaded guilty to possessing with intent to distribute more than 50 grams of a mixture containing cocaine base, which subjected him to a mandatory minimum sentence of 120 months in prison. See 21 U.S.C. § 841(b)(1)(A); U.S.S.G. § 5Gl.l(e)(2). Accordingly, Smith is not entitled to a reduction under the retroactive amendment. See United States v. Jones, 523 F.3d 881, 882 (8th Cir.2008) (per curiam). The district court’s judgment is affirmed. See 8th Cir. R. 47A(a).

1 . The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.