United States v. Earl Smith, No. 08-1324 (8th Cir. 2008)
Annotate this CaseCourt Description: Criminal case - Sentencing Guidelines. Defendant was sentenced to a mandatory minimum sentence and was not entitled to a reduction under Amendment 706.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1324 ___________ United States of America, Appellee, v. Earl Smith, Appellant. * * * * Appeal from the United States * District Court for the Eastern * District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: September 18, 2008 Filed: September 23, 2008 ___________ Before WOLLMAN, MURPHY, and BENTON, Circuit Judges. ___________ 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(c)(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 1 The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri. sentence of 120 months in prison. See 21 U.S.C. § 841(b)(1)(A); U.S.S.G. § 5G1.1(c)(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). ______________________________ -2-
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