United States v. German Miranda

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 1, 2008
• Docket: 08-1887
• Status: Published

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 08-1887 ___________

United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Arkansas. * German B. Miranda, * [PUBLISHED] * Appellant. * ___________

Submitted: April 24, 2008 Filed: May 1, 2008 ___________

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

PER CURIAM.

German B. Miranda 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).

1 The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas. Because Miranda was sentenced as a career criminal, he is not eligible for such a reduction. See United States v. Tingle, No. 08-1777, slip op. (8th Cir. Apr. __, 2008).

Miranda’s assertions concerning alleged defects in his indictment and plea agreement, including his assertions of ineffectiveness of counsel, are not addressable in a § 3582(c) proceeding. See USSG § 1b1.10(a)(3); USSG § 1B1.10(b)(1) and cmt. n.2.

The judgment denying Miranda any relief pursuant to the new amendments is summarily affirmed. See 8th Cir. R. 47(A)(a). ______________________________

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