United States v. McGuire

524 F.3d 891, 2008 U.S. App. LEXIS 9811, 2008 WL 1969747

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

Opinion

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 § 2Dl.l(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 § lB1.10(b)(2)(A); id., cmt. n. l(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).

1 . The Honorable Henry Edward Autrey, United States District Judge for the Eastern District of Missouri.