United States v. Ferdinand McGuire

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1793
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Eastern District of Missouri.
*
Ferdinand McGuire, * [PUBLISHED]
*
Appellant. *
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Submitted: April 21, 2008
Filed: May 8, 2008
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Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.
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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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