United States v. Glenn Embry, No. 08-1693 (8th Cir. 2008)
Annotate this CaseCourt Description: Criminal case - Sentencing. Since defendant was sentenced as a career offender under Guidelines Sec. 4B1.1, he is not eligible for a sentence reduction under Amendment 706 to the Guidelines.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1693 ___________ United States of America, * * Plaintiff - Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Glenn Embry, * * [UNPUBLISHED] Defendant - Appellant. * ___________ Submitted: April 17, 2008 Filed: May 7, 2008 ___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. ___________ PER CURIAM. Glenn Embry appeals the district court's1 denial of his motion for a reduction of his 120 month sentence for possession of crack cocaine with intent to distribute pursuant to 18 U.S.C. § 3582(c)(2). Embry's motion for a sentence reduction was based on Amendment 706 to the United States Sentencing Guidelines (U.S.S.G.) for crack cocaine which has been made retroactive under U.S.S.G. § 1B1.10, but because Embry was sentenced as a career offender under U.S.S.G. § 4B1.1 he is not eligible for a reduction under U.S.S.G. § 1B1.10 and 18 U.S.C. § 3582(c). See United States 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas. v. Tingle, No. 08-1777 (8th Cir. May 1, 2008) (per curiam). Accordingly, we summarily affirm the order of the district court. See 8th Cir. R. 47(A)(a). ______________________________ -2-
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