United States v. Black

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8001

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JERMAINE BLACK,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:97-cr-00031-FDW-1)

Submitted: July 22, 2010 Decided: July 29, 2010

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jermaine Black, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jermaine Black appeals the district court’s order

denying Black’s 18 U.S.C. § 3582(c)(2) (2006) motion for

reduction of sentence pursuant to Amendment 599 of the

sentencing guidelines. We have reviewed the record and conclude

that Amendment 599 does not apply to Black’s sentence and that

he is therefore not entitled to relief under § 3582(c)(2). We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED