United States v. Dixon

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7338

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

OMAR JERMEL DIXON, a/k/a O Dixon, a/k/a Omar Dixon-El, a/k/a Omar Jermel Dixon-El, a/k/a Omar Germal Dixon, a/k/a Omar Jermal Dixon, a/k/a Omar Jermal Dixon El,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:02-cr-00209-JRS-1)

Submitted: April 14, 2011 Decided: April 28, 2011

Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Omar Jermel Dixon, Appellant Pro Se. Brian R. Hood, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Omar Jermel Dixon appeals the district court’s denial

of his 18 U.S.C. § 3582 (2006) motion for reduction of sentence

based on the crack cocaine Guidelines Amendments. The district

court found that Dixon had been held responsible for more than

4.5 kilograms of crack cocaine at his original sentencing and

was therefore ineligible for a reduction. We hold that the

district court’s ruling was not an abuse of discretion. See

United States v. Woods, 581 F.3d 531, 539 (7th Cir. 2009)

(holding that “a finding that the defendants were responsible

for at least 4.5 kilograms is not inconsistent with the

conclusion of the original sentencing court that the defendants

were responsible for amounts in excess of 1.5 kilograms”).

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