[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 08-12004 ELEVENTH CIRCUIT
NOVEMBER 10, 2010
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D. C. Docket No. 99-00045-CR-HL-5
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MINNIE PEARL THOMAS,
a.k.a. Nick,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
_________________________
(November 10, 2010)
Before TJOFLAT, BLACK and CARNES, Circuit Judges.
PER CURIAM:
Minnie Pearl Thomas, proceeding pro se, appeals the district court’s denial
of her motion for a reduction of sentence. Thomas was convicted for one count of
conspiracy to possess with intent to distribute cocaine and cocaine base, in
violation of 21 U.S.C. § 841(a)(1), and one count of distribution of cocaine, in
violation of 21 U.S.C. § 841(a)(1). The district court sentenced Pearl to two
mandatory life sentences as a career-offender. She sought a reduction pursuant to
18 U.S.C. § 3582(c)(2) based on Amendment 706, which provides a two-level
reduction in the base offense levels applicable to crack cocaine offenses. After
review, we affirm Thomas’ sentence.1
Sentences based on career-offender status or on a statutory minimum are not
based on a range that has “subsequently been lowered” within the meaning of §
3582(c)(2), and district courts are not authorized to reduce a sentence under that
statute. See United States v. Williams, 549 F.3d 1337, 1339 (11th Cir. 2008);
United States v. Moore, 541 F.3d 1323, 1327-28 (11th Cir. 2008). Thomas
concedes she was sentenced as a career offender, and her prior convictions for drug
offenses resulted in mandatory minimum life sentences. See 21 U.S.C. §§
841(b)(1)(A), 851. Consequently, any adjustment to her advisory guideline range
1
We review de novo a district court’s conclusions about the scope of its legal authority
under 18 U.S.C. § 3582(c)(2). United States v. Moore, 541 F.3d 1323, 1326 (11th Cir. 2008).
2
would not affect the length of her prison terms and she is ineligible for a sentence
reduction.
AFFIRMED.
3