USA v. Minnie Pearl Thomas, No. 08-12004 (11th Cir. 2010)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 08-12004 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT NOVEMBER 10, 2010 JOHN LEY CLERK D. C. Docket No. 99-00045-CR-HL-5 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MINNIE PEARL THOMAS, a.k.a. Nick, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia _________________________ (November 10, 2010) Before TJOFLAT, BLACK and CARNES, Circuit Judges. PER CURIAM: Minnie Pearl Thomas, proceeding pro se, appeals the district court s denial of her motion for a reduction of sentence. Thomas was convicted for one count of conspiracy to possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 841(a)(1), and one count of distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1). The district court sentenced Pearl to two mandatory life sentences as a career-offender. She sought a reduction pursuant to 18 U.S.C. § 3582(c)(2) based on Amendment 706, which provides a two-level reduction in the base offense levels applicable to crack cocaine offenses. After review, we affirm Thomas sentence.1 Sentences based on career-offender status or on a statutory minimum are not based on a range that has subsequently been lowered within the meaning of § 3582(c)(2), and district courts are not authorized to reduce a sentence under that statute. See United States v. Williams, 549 F.3d 1337, 1339 (11th Cir. 2008); United States v. Moore, 541 F.3d 1323, 1327-28 (11th Cir. 2008). Thomas concedes she was sentenced as a career offender, and her prior convictions for drug offenses resulted in mandatory minimum life sentences. See 21 U.S.C. §§ 841(b)(1)(A), 851. Consequently, any adjustment to her advisory guideline range 1 We review de novo a district court s conclusions about the scope of its legal authority under 18 U.S.C. § 3582(c)(2). United States v. Moore, 541 F.3d 1323, 1326 (11th Cir. 2008). 2 would not affect the length of her prison terms and she is ineligible for a sentence reduction. AFFIRMED. 3
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