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Sherman Ray Meirovitz v. United States of America

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Submitted: March 16, 2012

Before MURPHY, BRIGHT, and GRUENDER, Circuit Judges.

A jury found Sherman Meirovitz guilty of conspiracy to distribute cocaine and possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. United States v. Meirovitz, 918 F.2d 1376, 1377 (8th Cir. 1990). The presentence report classified Meirovitz as a career offender with a sentencing guidelines range of 360 months to life, and a district court sentenced him to life in prison without parole. On direct appeal, we affirmed Meirovitz’s conviction and sentence. Id. In 2010, Meirovitz brought a motion under 28 U.S.C. § 2255, arguing that, pursuant to Johnson v. United States, 559 U.S. —, 130 S. Ct. 1265 (2010), his conviction for manslaughter in the second degree under Minnesota Statute section 609.205, which contributed to his classification as a “career offender” under U.S.S.G. § 4B1.1, is not a crime of violence. The district court denied Meirovitz’s motion,*fn1 and Meirovitz now appeals. We affirm for the reasons that follow.

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