United States v. Ferdinand McGuire

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 8, 2008
• Docket: 08-1793
• Status: Published

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 08-1793 ___________

United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * Ferdinand McGuire, * [PUBLISHED] * Appellant. * ___________

Submitted: April 21, 2008 Filed: May 8, 2008 ___________

Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Ferdinand McGuire appeals from the district court’s1 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,

1 The Honorable Henry Edward Autrey, United States District Judge for the Eastern District of Missouri. 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, slip op. (8th Cir. Apr. 29, 2008).

The judgment is summarily affirmed. See 8th Cir. R. 47A(a). ______________________________

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