United States v. Michael Anthony Phillips
Opinion
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.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony PHILLIPS, Defendant-Appellant
- Status
- Unpublished