United States v. Corylee Whitaker

481 F. App'x 71

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 24, 2012
• Docket: 12-6371
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Corylee J. Whitaker appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction based on Amendment 750 to the crack cocaine Sentencing Guidelines. We review a district court’s decision on whether to reduce a sentence for abuse of discretion; however, “[w]e review de novo ... a court’s conclusion on the scope of its legal authority under § 3582(c)(2).” United States v. Munn, 595 F.3d 183, 186 (4th Cir.2010).

Section 3582(c)(2) provides Whitaker no relief because he was not sentenced “based on a sentencing range” that was subsequently lowered by the Sentencing Commission. Rather, as the district court properly found, he was sentenced to the statutory mandatory minimum term of imprisonment. Whitaker’s sentence is therefore not subject to reduction via § 3582(c)(2). See Munn, 595 F.3d at 187 (“[A] defendant who was convicted of a crack offense but sentenced pursuant to a mandatory statutory minimum sentence is ineligible for a reduction under § 3582(c)(2).”); United States v. Hood, 556 F.3d 226, 235-36 (4th Cir.2009).

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.