NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted March 26, 2009∗
Decided April 7, 2009
Before
FRANK H. EASTERBROOK , Chief Judge
DANIEL A. MANION, Circuit Judge
TERENCE T. EVANS, Circuit Judge
No. 08-4223
Appeal from the United
UNITED STATES OF AMERICA, States District Court for the
Plaintiff-Appellee, Southern District of Illinois.
v. No. 96-CR-30087-010-WDS
William D. Stiehl, Judge.
YAMANGO JILES,
Defendant-Appellant.
Order
After we affirmed his conviction and sentence for crack-cocaine offenses,
Yamango Jiles asked the district court to reduce that sentence under the retroactive
amendments to the Sentencing Guidelines. The district court recalculated Jiles’s range
under the amended guidelines and summarily reduced his sentence from 282 months in
prison to 226 months in prison.
Despite this favorable outcome, Jiles filed a notice of appeal. His counsel has
∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After
examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.
App. P. 34(a); Cir. R. 34(f).
No. 08-4223 Page 2
moved to withdraw under Anders, explaining that she cannot find a non-frivolous issue.
Jiles has not taken the opportunity to respond extended under Circuit Rule 51(b).
We agree with counsel’s assessment. Procedures under the retroactive guideline
amendment are designed to be summary; the prisoner does not have a right to a full
resentencing and does not have any entitlement to a reduction greater than the
Sentencing Commission has authorized. See United States v. Cunningham, 554 F.3d 703
(7th Cir. 2009); United States v. Forman, 553 F.3d 585 (7th Cir. 2008); United States v. Poole,
550 F.3d 676 (7th Cir. 2008) (all discussing the amended crack guidelines). And because
the district judge gave Jiles the full benefit of the lower range, it is impossible to
perceive any non-frivolous appellate issue.
Counsel’s motion to withdraw is granted, and the appeal is dismissed as
frivolous.