United States v. Carlos Reyes

670 F. App'x 828
Court of Appeals for the Fourth Circuit·Decided November 22, 2016·No. 16-7042·Unpublished

Opinion

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Carlos Reyes appeals the district court’s order denying his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) (2012). We have reviewed the record and conclude that Reyes is not eligible for a sentence reduction because Amendment 750 to the Sentencing Guidelines does not lower his Guidelines range. * See § 3582(c)(2); U.S. Sentencing Guidelines Manual § 1B1.10, p.s. (2012), USSG App. C Amend. 750 (effective Nov. 1, 2011). Accordingly, we affirm the district court’s order. We dispense with oral argument because the facts and legal conclusions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

*

To the extent Reyes’ motion challenged the drug amount attributed to him at sentencing, such claim is not properly raised in a § 3582 motion. United States v. Stewart, 595 F.3d 197, 201 (4th Cir. 2010) (noting that § 3582 proceeding is "not considered a full resen-tencing by the court”).

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United States v. Carlos Reyes, 670 F. App'x 828 (4th Cir. 2016).

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Related

United States v. Stewart
595 F.3d 197 (Fourth Circuit, 2010)