USA v. Minnie Pearl Thomas

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
NOVEMBER 10, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 08-12004
Non-Argument Calendar
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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.
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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:

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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
We review de novo a district court’s conclusions about the scope of its legal authority1
under 18 U.S.C. § 3582(c)(2). United States v. Moore, 541 F.3d 1323, 1326 (11th Cir. 2008).
2

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would not affect the length of her prison terms and she is ineligible for a sentence
reduction.
AFFIRMED.
3

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