United States v. Parker
United States v. Parker
Opinion of the Court
ORDER
Ernest Parker
In 2008 Parker moved under 18 U.S.C. § 3582(c)(2) for a reduction in his 1990 prison sentences based on retroactive amendments to the sentencing guidelines for crack offenses. See U.S.S.G. app. C, amends. 706, 715. (In his motion Parker cited only Amendment 706, but it is Amendment 715 which lowers the offense level for crimes involving both crack and another drug.) Had these amendments been in effect when he first was sentenced in 1990, Parker argued, his offense level would have been reduced by two. The government opposed the motion on the ground that Parker already had completed his prison terms for the 1990 convictions and was serving his sentence for the conspiracy involving powder cocaine. Parker countered that the Federal Bureau of Prisons is required to treat multiple terms of imprisonment “as a single, aggregate term of imprisonment,” see 18 U.S.C. § 3584(c), and asserted that the district court should do the same.
The district court concluded that Parker is ineligible for a reduced sentence and denied the motion. The court acknowledged that § 3584(c) instructs the BOP to administer multiple sentences in the aggregate but explained that the statute does not prevent a sentencing court from running a new term of imprisonment consecutively to an existing term. Parker must have completed his sentence for the 1990 crack offense, the court reasoned, by the end of 2002. Thus when he filed his motion under § 3582(c)(2) in 2008, Parker was serving his consecutive sentence for the powder offense, and the retroactive amendments did not affect the guidelines range for that sentence.
Parker filed a notice of appeal, but his appointed lawyer has concluded that the appeal is frivolous and seeks permission to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Yet there is no right to appointed counsel in a proceeding under § 3582(c)(2), United States v. Forman, 553 F.3d 585, 590 (7th Cir. 2009); United States v. Tidwell, 178 F.3d 946, 949 (7th Cir. 1999), and thus counsel need not have complied with the Anders safeguards before moving to withdraw, see Pennsylvania v. Finley, 481 U.S. 551, 555, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987); DiAngelo v. Ill. Dep’t of Pub. Aid, 891 F.2d 1260, 1262 (7th Cir. 1989). Nevertheless, we invited Parker to respond to his attorney’s motion, though he has not done so. See Cir. R. 51(b).
A district court may shorten a prison sentence if a retroactive amendment to the sentencing guidelines has lowered the defendant’s imprisonment range and a reduc
The motion to withdraw is GRANTED, and the appeal is DISMISSED.
Parker uses the name Earnest Parker-Bey in this litigation, but the judgment of conviction and records from the Federal Bureau of Prisons still identify him as Ernest Parker. We do the same.
Reference
- Full Case Name
- United States v. Ernest PARKER
- Cited By
- 4 cases
- Status
- Published