United States v. Jamell Birt, 479 F. App'x 445

Birt pleaded guilty to possession with intent to distribute crack cocaine under 21 U.S.C. § 841(a)(1).
At sentencing, district court treated Birt as a career offender with history category VI and adjusted offense level 34, yielding 262–327 months guidance, but imposed 240 months (statutory maximum).
Post-sentencing, retroactive amendments to the crack-cocaine thresholds reduced the guideline range; amendments effective November 1, 2011.
Birt moved under 18 U.S.C. § 3582(c)(2) for a sentence reduction; the district court lowered to the bottom of the revised range (210–240 months).
Birt appealed challenging the extent of the reduction; counsel filed an Anders brief seeking withdrawal.
Court affirmed the district court’s reduction, granted counsel’s withdrawal, and found no nonfrivolous issues meriting Supreme Court certiorari.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether any nonfrivolous issue exists on appeal	Birt's counsel asserts the reduction complied with 3582(c)(2) and Booker.	Birt contends the district court erred in the magnitude of the reduction.	No nonfrivolous issues found; affirmed.
Whether the sentence reduction under 3582(c)(2) was proper	Reduction to bottom of amended range was warranted by the retroactive guideline change.	Reduction amount was argued to be consistent with statute and Booker.	Proper within statutory and guideline scope.

Anders v. California, 386 U.S. 738 (1967) (necessity of reviewing for nonfrivolous issues when counsel seeks withdrawal)
Youla, 241 F.3d 296 (3d Cir. 2001) (Anders briefing requirements in the Third Circuit)
Marvin, 211 F.3d 778 (3d Cir. 2000) (independent review for nonfrivolous issues after Anders)
Booker v. United States, 543 U.S. 220 (2005) (constitutional considerations regarding advisory guidelines)
Dillon v. United States, 560 U.S. 817 (2010) (limited scope of § 3582(c)(2) proceedings and Booker considerations)