294 F. App'x 240

UNITED STATES of America, Appellee, v. Earl SMITH, Appellant.

No. 08-1324.

United States Court of Appeals, Eighth Circuit.

Submitted: Sept. 18, 2008.

Filed: Sept. 23, 2008.

Thomas Joseph Mehan, Assistant U.S. Attorney, St. Louis, MO, for Appellee.

Earl Smith, Marion, IL, pro se.

Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.

[UNPUBLISHED]

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(e)(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 sentence of 120 months in prison. See 21 U.S.C. § 841(b)(1)(A); U.S.S.G. § 5Gl.l(e)(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).

United States v. Smith
294 F. App'x 240

Case Details

Name
United States v. Smith
Decision Date
Sep 23, 2008
Citations

294 F. App'x 240

Jurisdiction
United States

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