United States v. Gary Dewitt Miller , 32 F. App'x 176 ( 2002 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-1972
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Minnesota.
*
Gary Dewitt Miller, also known as ‘G’, * [UNPUBLISHED]
*
Appellant. *
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Submitted: April 2, 2002
Filed: April 4, 2002
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Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
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PER CURIAM.
Gary Dewitt Miller pleaded guilty to conspiracy to distribute cocaine, in
violation of 21 U.S.C. § 846. The district court1 found Miller ineligible for safety-
valve relief under U.S.S.G. § 5C1.2 and sentenced him to 60 months in prison, the
statutory minimum, and 4 years supervised release. On appeal, counsel has moved
to withdraw under Anders v. California, 386 U.S. 738 (1967), and has filed a brief
1
The HONORABLE JAMES M. ROSENBAUM, Chief Judge, United States
District Court for the District of Minnesota.
raising the issue whether the district court erred in denying safety-valve relief. After
careful review of the record, we affirm.
The district court did not err because Miller’s Category II criminal history
made him ineligible for safety-valve relief. See U.S.S.G. § 5C1.2. Even if the district
court had granted Miller a downward departure under U.S.S.G. § 4A1.3 to a Category
I criminal history, as Miller had requested, he still would not have qualified for the
safety-valve reduction. See United States v. Langmade, 236 F.3d 931, 931-32 (8th
Cir. 2001) (per curiam); Webb, 218 F.3d at 881.
Accordingly, we affirm and grant counsel’s motion to withdraw.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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