United States v. Brumaire

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 16, 2009
• Docket: 09-7281
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7281

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LIVINSON BRUMAIRE,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (4:03-cr-00474-CWH-8)

Submitted: September 10, 2009 Decided: September 16, 2009

Before KING, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Livinson Brumaire, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Livinson Brumaire appeals a district court order

denying his motion for a sentence reduction under 18 U.S.C.

§ 3582(c) (2006). The district court found Brumaire was not

eligible for a reduction because he was responsible for more

than 4.5 kilograms of crack cocaine. We affirm.

We find the district did not abuse its discretion

denying Brumaire’s motion for a sentence reduction. United

States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating

standard of review). Accordingly, we affirm the district

court’s order. 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