United States v. Calvin Miller

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6734 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CALVIN EDWARD MILLER, a/k/a Killer, a/k/a Calvin Elwood Miller, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. Glen E. Conrad, Chief District Judge. (3:11-cr-00020-GEC-RSB-1) Submitted: October 18, 2016 Decided: October 21, 2016 Before WILKINSON, KING, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Calvin Edward Miller, Appellant Pro Se. Robert Chase Abendroth, OFFICE OF THE UNITED STATES ATTORNEY, Jean Barrett Hudson, Assistant United States Attorney, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin Edward Miller appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2012) motion. While the district court found that Miller’s career offender designation overstated his criminal history, it did not rely on the drug quantity table in calculating Miller’s sentence. See United States v. Munn, 595 F.3d 183, 192 (4th Cir. 2010). Accordingly, we affirm for the reasons stated by the district court. United States v. Miller, No. 3:11-cr-00020-GEC-RSB-1 (W.D. Va. May 11, 2016). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2