United States v. Byron James Miller

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1279
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the Eastern
v. * District of Missouri.
*
Byron James Miller, * [UNPUBLISHED]
*
Appellant. *
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Submitted: September 12, 2003
Filed: September 15, 2003
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Before BYE, BOWMAN, and MELLOY, Circuit Judges.
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PER CURIAM.
Byron James Miller appeals the District Court’s1 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. § 1B1.10(c) (2002). See U.S.S.G. § 1B1.10(a) (2002)
1
The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
(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 (2002).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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