United States of America v. Carlos Urquhart

06-3118Court of Appeals for the Eighth Circuit30 mag 2008

Testo completo

1The Honorable William R. Wilson, Jr., United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1788
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United States of America,
Plaintiff – Appellee,
v.
Carlos Urquhart,
Defendant – Appellant.
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Appeal from the United States
District Court for the
Eastern District of Arkansas.
[UNPUBLISHED]
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Submitted: April 21, 2008
Filed: May 7, 2008
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Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.
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PER CURIAM.
Carlos Urquhart appeals from the district court's 1 denial of 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 Manual (U.S.S.G.), which reduced
certain base offense levels in U.S.S.G. § 2D1.1(c) depending on the quantity of
cocaine base (crack) involved.

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Appellant is ineligible for any relief under the new retroactive amendments
because his original sentence of 120 months was imposed pursuant to the mandatory
minimum provision of 21 U.S.C. § 841. See United States v. Jones, No. 08-1692 (8th
Cir. Apr. 25, 2008) (per curiam). Accordingly, we summarily affirm the district court
and deny the motion for appointment of counsel.
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