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U.S. A. v. MIRANDA
PER CURIAM.
German B. Miranda 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 Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.
Because Miranda was sentenced as a career criminal, he is not eligible for such a reduction. See United States v. Tingle, 524 F.3d 839, No. 08-1777, 2008 WL 1902055 (8th Cir. May 1, 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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