U.S. v. MILES, (W.D.Ky. 2001)

CHARLES R. SIMPSON, III, Chief Judge

This matter is before the Court on the motion of the Defendant, Joseph Miles, to vacate and set aside sentence pursuant to 28 U.S.C. § 2255.

On August 21, 2000, Miles pled guilty to a count of manufacturing marijuana and was sentenced to sixty months in prison. Miles contends, in his motion, that his sentence was unconstitutionally enhanced based upon a finding, by the Court at the sentencing hearing, that he possessed firearms. He argues that the Constitution requires that the question of his possession of firearms be submitted to a jury under a reasonable doubt standard.

Apprendi v. New Jersey requires that "any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt." 530 U.S. 466, 490, 120 S.Ct. 2348, 2362-63, 147 L.Ed.2d 435 (2000). Miles pled guilty to a charge which, by statute, subjected him to a sentence of between five to forty years. 21 U.S.C. § 841(b)(1)(B)(vii). Miles was sentenced to sixty months incarceration, the statutory minimum. The issue of his possession of firearms did not increase his sentence beyond that statutory maximum, and there is no Apprendi violation. Therefore, Miles is not entitled to § 2255 relief.

Additionally, Miles essentially concedes in his Reply memorandum that he does not have grounds to claim constitutional error. He appears, then, to request additional relief from the Court but is not clear as to what it is he seeks. More importantly, he fails to identify any grounds on which he might be entitled to any additional relief. Therefore, we will not grant him any relief.

For the reasons set forth above and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED AND ADJUDGED that the Defendant's motion to vacate and set aside sentence is DENIED.

IT IS SO ORDERED.