United States v. Charles Miller

U.S. Court of Appeals for the Eighth Circuit

United States v. Charles Miller

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1700 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Charles Miller

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: February 17, 2021 Filed: February 22, 2021 [Unpublished] ____________

Before GRASZ, WOLLMAN, and STRAS, Circuit Judges. ____________

PER CURIAM.

After considering a number of factors, the district court 1 decided not to reduce Charles Miller’s 360-month prison sentence under the First Step Act. See Pub. L.

1 The Honorable John A. Jarvey, Chief Judge, United States District Court for the Southern District of Iowa. No. 115-391, 132 Stat. 5194 (2018). Though he challenges the decision on a host of grounds, we affirm.

We conclude that the district court gave a reasoned basis for its decision and did not abuse its discretion. See United States v. McDonald, 944 F.3d 769, 771–72 (8th Cir. 2019) (discussing the standard of review and outlining the two-step analysis for motions under the First Step Act); United States v. Williams, 943 F.3d 841, 844 (8th Cir. 2019) (explaining that the sentencing court must have considered the parties’ arguments and have a reasoned basis for its decision). The First Step Act did not require the court to reduce Miller’s sentence, even if he was eligible. § 404(c), 132 Stat. at 5222 (“Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section.”).

We accordingly affirm the judgment of the district court and grant counsel permission to withdraw. ______________________________

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Reference

Status
Unpublished