Darrin Scott Walker v. Michael Bowersox

1The Honorable Jimm Larry Hendren, Chief Judge, United States District Court
for the Western District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1887
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Arkansas.
*
German B. Miranda, * [PUBLISHED]
*
Appellant. *
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Submitted: April 24, 2008
Filed: May 1, 2008
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Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.
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PER CURIAM.
German B. Miranda appeals from the district court’s 1 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).

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-2-
Because Miranda was sentenced as a career criminal, he is not eligible for such
a reduction. See United States v. Tingle, No. 08-1777, slip op. (8th Cir. Apr. __,
2008).
Miranda’s assertions concerning alleged defects in his indictment and plea
agreement, including his assertions of ineffectiveness of counsel, are not addressable
in a § 3582(c) proceeding. See USSG § 1b1.10(a)(3); USSG § 1B1.10(b)(1) and cmt.
n.2.
The judgment denying Miranda any relief pursuant to the new amendments is
summarily affirmed. See 8th Cir. R. 47(A)(a).
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