485 F. App'x 967
10th Cir.2012Background
- Miller, a federal prisoner, was sentenced to 262 months for distribution of crack cocaine.
- He is a career offender under U.S.S.G. § 4B1.1, so his range ran 262–327 months and he received the low end.
- After amendments (Sharkey), Miller sought § 3582(c)(2) relief but was deemed ineligible because career offender status dictated his sentence.
- In 2010 (Amendment 750) he again sought relief; court again found him ineligible due to his career-offender status.
- Counsel moved to withdraw under Anders after determining the appeal lacked nonfrivolous issues; Miller declined to file pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller is eligible for §3582(c)(2) relief given career offender status | Miller seeks resentencing due to amended crack rules | Career offender sentences are unaffected by Amendment 750 | Ineligible; career offender status controls |
| Whether counsel's Anders withdrawal is warranted | No meritorious issues exist | Same conclusion | Warranted; appeal dismissed |
| Whether prior amendments affect Miller’s eligibility after two-step amendments | Amendments reduce base levels | Career offender guideline remains unchanged | No relief; ineligible |
Key Cases Cited
- Anders v. California, 386 F.2d 738 (Supreme Court (1967)) (procedural mechanism for appellate counsel withdrawal in frivolous cases)
- United States v. Sharkey, 543 F.3d 1236 (10th Cir. 2008) (career-offender sentences unaffected by Amendment 750 in §3582(c)(2) cases)
- United States v. Miller, 348 F. App’x 384 (10th Cir. 2009) (previous denial of relief under §3582(c)(2) for a career offender)