United States v. German Miranda

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1887
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Arkansas.
*
German B. Miranda, * [PUBLISHED]
*
Appellant. *
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Submitted: April 24, 2008
Filed: May 1, 2008
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Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.
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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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