Opinion
No. 08-1793.
Submitted: April 21, 2008.
Filed: May 8, 2008.
Appeal from the United States District Court for the Eastern District of Missouri, Henry Edward Autrey, J.
Ferdinand McGuire, pro se.
Allison Hart Behrens, AUSA, St. Louis, MO, for appellee.
Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.
Ferdinand McGuire appeals from the district court's order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 706 to the United States Sentencing Guidelines Manual (USSG), which reduced the base offense levels in USSG § 2D1.1(c) based on the quantity of cocaine base (crack).
The Honorable Henry Edward Autrey, United States District Judge for the Eastern District of Missouri.
McGuire pleaded guilty to possessing with intent to distribute cocaine base, acknowledging that he was accountable for a quantity of 5.19 grams of that substance, which subjected him to a minimum mandatory sentence of 60 months' imprisonment. See 21 U.S.C. § 841(b)(1)(B); USSG § 5G1.1(c)(2). Accordingly, McGuire is not entitled to a reduction under the retroactive amendment. See USSG §§ 1B1.10(b)(2)(A); id., cmt. n. 1(a)(ii); United States v. Peters, No. 08-1672, 2008 WL 1867078 (8th Cir. Apr.29, 2008).
The judgment is summarily affirmed. See 8th Cir. R. 47A(a).