History
  • No items yet
midpage
United States v. McGuire
2008 U.S. App. LEXIS 9811
8th Cir.
2008
Check Treatment
Docket
524 F.3d 891 (2008)

UNITED STATES of America, Appellee,
v.
Ferdinand McGUIRE, Appellant.

No. 08-1793.

United States Court of Appeals, Eighth Circuit.

Submitted: April 21, 2008.
Filed: May 8, 2008.

*892 Ferdinand McGuire, pro se.

Allison Hart Behrens, AUSA, St. Louis, MO, for appellee.

Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

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 § 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, 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, 2008 WL 1867078 (8th Cir. Apr.29, 2008).

The judgment is summarily affirmed. See 8th Cir. R. 47A(a).

NOTES

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

Case Details

Case Name: United States v. McGuire
Court Name: Court of Appeals for the Eighth Circuit
Date Published: May 8, 2008
Citation: 2008 U.S. App. LEXIS 9811
Docket Number: 08-1793
Court Abbreviation: 8th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.