United States v. Dewayne Crews

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 28, 2013
• Docket: 12-7992
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7992

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

DEWAYNE L. CREWS,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. (6:03-cr-70047-NKM-1)

Submitted: March 26, 2013 Decided: March 28, 2013

Before DUNCAN, FLOYD, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dewayne L. Crews, Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Dewayne L. Crews appeals the district court’s order

denying his § 3582(c)(2) motion for sentence reduction.

However, because Crews served his original sentence and is now

confined on a sentence imposed on revocation of supervised

release, he is not eligible for § 3582(c)(2) relief. See U.S.

Sentencing Guidelines Manual § 1B1.10, p.s., cmt. n.5(A) (2012)

(“This section does not authorize a reduction in the term of

imprisonment imposed upon revocation of supervised release.”);

United States v. Morales, 590 F.3d 1049, 1051 (9th Cir. 2010)

(same). Accordingly, we affirm the district court’s denial of

relief. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional

process.

AFFIRMED