USA v. Michael Anthony Phillips, No. 10-10085 (11th Cir. 2010)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-10085 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 22, 2010 JOHN LEY CLERK D. C. Docket No. 0:07-cr-60007-FAM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL ANTHONY PHILLIPS, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (June 22, 2010) Before MARCUS, PRYOR and ANDERSON, Circuit Judges. PER CURIAM: Michael Phillips appeals pro se the denial of his motion to reduce his sentence. 18 U.S.C. § 3582(c)(2). Phillips s motion was based on Amendment 706 to the Guidelines. We affirm. The district court did not err by denying Phillips s motion. Phillips is not eligible for a reduction of sentence because he is a career offender. United States v. Moore, 541 F.3d 1323, 1330 (11th Cir. 2008). Phillips challenges his classification as a career offender, but in determining eligibility for a reduction of sentence, all original sentencing determinations remain unchanged. United States v. Bravo, 203 F.3d 778, 781 (11th Cir. 2000). Amendment 706 did not have the effect of lowering Phillips s sentencing range. Moore, 541 F.3d at 1327 28. The denial of Phillips s motion for a reduced sentence is AFFIRMED. 2

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