United States v. Miranda

524 F.3d 840, 2008 U.S. App. LEXIS 9401, 2008 WL 1902058

Opinion

PER CURIAM.

German B. Miranda 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).

Because Miranda was sentenced as a career criminal, he is not eligible for such a reduction. See United States v. Tingle, 524 F.3d 839, No. 08-1777, 2008 WL 1902055 (8th Cir. May 1, 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 § lB1.10(a)(3); USSG § lB1.10(b)(l) 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).

1 . The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.