UNITED STATES v. McGUIRE (2008)

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).

FOOTNOTES

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

PER CURIAM.