United States v. Byron James Miller

U.S. Court of Appeals for the Eighth Circuit
United States v. Byron James Miller, 75 F. App'x 557 (8th Cir. 2003)

United States v. Byron James Miller

Opinion

PER CURIAM.

Byron James Miller appeals the District Court’s 1 order denying his 18 U.S.C. § 3582(c)(2) (2000) motion. Having carefully reviewed the record, we agree with the District Court that Miller is not entitled to a sentence reduction based on Amendment 635 to the Sentencing Guidelines, which revised the commentary of U.S.S.G. § 3B1.2 (2002) (mitigating role in offense). See U.S. Sentencing Guidelines Manual app. C, Amendment 635 (Supp. 2002). Among other things, Amendment 635 is not listed in U.S.S.G. § lB1.10(e) (2002). See U.S.S.G. § lB1.10(a) (2002) (sentence reduction is authorized under § 3582(c)(2) where defendant’s Guidelines range has been lowered as result of amendment listed in subsection (c); sentence reduction not otherwise authorized); United States v. King, 280 F.3d 886, 891 (8th Cir. 2002) (Congress gave Sentencing Commission explicit power, implemented in § 1B1.10, to decide whether its amendments will be given retroactive effect), cert. denied, 537 U.S. 965, 123 S.Ct. 402, 154 L.Ed.2d 324 (2002).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Catherine D. Periy, United States District Judge for the Eastern District of Missouri.

Reference

Full Case Name
UNITED STATES of America, Appellee, v. Byron James MILLER, Appellant
Status
Unpublished