United States v. Kristopher Hamberg

1The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1324
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Missouri.
Earl Smith, *
* [UNPUBLISHED]
Appellant. *
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Submitted: September 18, 2008
Filed: September 23, 2008
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Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.
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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(c)(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

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sentence of 120 months in prison. See 21 U.S.C. § 841(b)(1)(A); U.S.S.G.
§ 5G1.1(c)(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).
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