United States v. Armendariz Alexander, No. 07-3393 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - Sentencing. District court's order denying defendant's motion for a sentence reduction under 18 U.S.C. Sec. 3582 is affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-3393 ___________ United States of America, Appellee, v. Armendariz Alexander, Appellant. * * * * Appeal from the United States * District Court for the * Eastern District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: February 18, 2009 Filed: February 27, 2009 ___________ Before RILEY, SMITH, and BENTON, Circuit Judges. ___________ PER CURIAM. Armendariz Alexander (Alexander) appeals the district court s1 denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction. Upon reviewing the record and counsel s brief, we conclude the district court did not err in denying Alexander s motion. See United States v. Peveler, 359 F.3d 369, 373 (6th Cir. 2004) (stating a decision to deny a motion to modify under § 3582 is reviewed for abuse of discretion, but to the extent a defendant s arguments rest on a legal interpretation of various Sentencing Guidelines, the interpretation of those Guidelines is a question of law 1 The Honorable Stephen N. Limbaugh, Sr., United States District Judge for the Eastern District of Missouri, now retired. reviewed de novo); United States v. Friend, 303 F.3d 921, 922 (8th Cir. 2002) (per curiam) (proclaiming Guidelines Amendment 599 only applies to 18 U.S.C. § 924(c) convictions). We grant counsel s motion to withdraw, and we affirm. ______________________________ -2-
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