United States v. Earl Smith

U.S. Court of Appeals for the Eighth Circuit
United States v. Earl Smith, 294 F. App'x 240 (8th Cir. 2008)

United States v. Earl Smith

Opinion

[UNPUBLISHED]

PER CURIAM.

Earl Smith appeals the district court’s 1 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).

1

. The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Earl SMITH, Appellant
Status
Unpublished