United States v. Calvin Miller

U.S. Court of Appeals for the Fourth Circuit

United States v. Calvin Miller

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6734

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CALVIN EDWARD MILLER, a/k/a Killer, a/k/a Calvin Elwood Miller,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. Glen E. Conrad, Chief District Judge. (3:11-cr-00020-GEC-RSB-1)

Submitted: October 18, 2016 Decided: October 21, 2016

Before WILKINSON, KING, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Calvin Edward Miller, Appellant Pro Se. Robert Chase Abendroth, OFFICE OF THE UNITED STATES ATTORNEY, Jean Barrett Hudson, Assistant United States Attorney, Charlottesville, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Calvin Edward Miller appeals the district court’s order

denying his

18 U.S.C. § 3582

(c)(2) (2012) motion. While the

district court found that Miller’s career offender designation

overstated his criminal history, it did not rely on the drug

quantity table in calculating Miller’s sentence. See United

States v. Munn,

595 F.3d 183, 192

(4th Cir. 2010). Accordingly,

we affirm for the reasons stated by the district court. United

States v. Miller, No. 3:11-cr-00020-GEC-RSB-1 (W.D. Va. May 11,

2016). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional

process.

AFFIRMED

2

Reference

Status
Unpublished