UNITED STATES of America, Appellee, v. Gary Dewitt MILLER, also known as 'G', Appellant, 32 F. App'x 176

PER CURIAM. Gary Dewitt Miller pleaded guilty to conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846. The district court found Miller ineligible for safety-valve relief under U.S.S.G. § 5C1.2 and sentenced him to 60 months in prison, the statutory minimum, and 4 years supervised release. On appeal, counsel has moved to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has filed a brief raising the issue whether the district court erred in denying safety-valve relief. After careful review of the record, we affirm.

The district court did not err because Miller’s Category II criminal history made him ineligible for safety-valve relief. See U.S.S.G. § 5C1.2. Even if the district court had granted Miller a downward departure under U.S.S.G. § 4A1.3 to a Category I criminal history, as Miller had requested, he still would not have qualified for the safety-valve reduction. See United States v. Langmade, 236 F.3d 931, 931-32 (8th Cir.2001) (per curiam); Webb, 218 F.3d at 881. Accordingly, we affirm and grant counsel’s motion to withdraw. A true copy. . The HONORABLE JAMES M.

ROSENBAUM, Chief Judge, United States District Court for the District of Minnesota.