Darrin Scott Walker v. Michael Bowersox

1The Honorable Robert T. Dawson, United States District Judge for the Western
District of Arkansas.
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* [UNPUBLISHED]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 of 2 --

-2-
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 of 2 --