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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-3393 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Armendariz Alexander, * * [UNPUBLISHED] Appellant. * ___________ Submitted: February 18, 2009 Filed: February 27, 2009 ___________ Before RILEY, SMITH, and BENTON, Circuit Judges. ___________ PER CURIAM. Armendariz Alexander (Alexander) appeals the district court’s1 denial of his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction. Upon reviewing the record and counsel’s brief, we conclude the district court did not err in denying Alexander’s motion. See United States v. Peveler,
359 F.3d 369, 373 (6th Cir. 2004) (stating a decision to deny a motion to modify under § 3582 is reviewed for abuse of discretion, but to the extent a defendant’s arguments rest on a legal interpretation of various Sentencing Guidelines, the interpretation of those Guidelines is a question of law 1 The Honorable Stephen N. Limbaugh, Sr., United States District Judge for the Eastern District of Missouri, now retired. reviewed de novo); United States v. Friend,
303 F.3d 921, 922 (8th Cir. 2002) (per curiam) (proclaiming Guidelines Amendment 599 only applies to 18 U.S.C. § 924(c) convictions). We grant counsel’s motion to withdraw, and we affirm. ______________________________ -2-
Document Info
Docket Number: 07-3393
Citation Numbers: 310 F. App'x 951
Filed Date: 2/27/2009
Precedential Status: Non-Precedential
Modified Date: 1/12/2023