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United States v. Earl Smith , 294 F. App'x 240 ( 2008 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 08-1324
    ___________
    United States of America,                *
    *
    Appellee,                  *
    * Appeal from the United States
    v.                                 * District Court for the Eastern
    * District of Missouri.
    Earl Smith,                              *
    * [UNPUBLISHED]
    Appellant.                 *
    ___________
    Submitted: September 18, 2008
    Filed: September 23, 2008
    ___________
    Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.
    ___________
    PER CURIAM.
    Earl Smith appeals the district court’s1 order denying his motion for a reduction
    of his sentence pursuant to 
    18 U.S.C. § 3582
    (c)(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
    1
    The Honorable Catherine D. Perry, United States District Judge for the Eastern
    District of Missouri.
    sentence of 120 months in prison. See 
    21 U.S.C. § 841
    (b)(1)(A); U.S.S.G.
    § 5G1.1(c)(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).
    ______________________________
    -2-
    

Document Info

Docket Number: 08-1324

Citation Numbers: 294 F. App'x 240

Judges: Wollman, Murphy, Benton

Filed Date: 9/23/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024