United States v. Eric Miller, No. 09-1506 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - Sentencing. District court did not err in finding the amendments to the crack sentencing guidelines did not lower the sentencing range for career offenders under Guidelines Sec. 4B1.1.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1506 ___________ United States of America, Appellee, v. Eric V. Miller, Appellant. * * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * ___________ Submitted: February 17, 2010 Filed: February 24, 2010 ___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges. ___________ PER CURIAM. Eric Miller, who is serving a 188-month prison sentence imposed in 2007 after he pleaded guilty to a crack cocaine offense, see United States v. Miller, 256 Fed. Appx. 894, 894-95 (8th Cir. 2007) (per curiam), appeals the district court s1 denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence. Miller s motion was based upon an amendment to the Sentencing Guidelines, which retroactively lowered the base offense level for crack cocaine offenses. The district court denied his motion after a hearing, reasoning in part that the retroactive amendment did not lower the 1 The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska. Guidelines sentencing range for Miller because he had been sentenced as a career offender. Upon careful review, we agree with the district court. See United States v. Thomas, 524 F.3d 889, 889-90 (8th Cir. 2008) (per curiam) (although Sentencing Commission lowered offense levels related to crack cocaine quantities, it did not lower the sentencing range for career offenders under U.S.S.G. § 4B1.1). Accordingly, we affirm. ______________________________ -2-
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