United States v. Donikki Hardy

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7420

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

DONIKKI HARDY,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:01-cr-00235-HMH-1)

Submitted: January 23, 2014 Decided: January 27, 2014

Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Donikki Hardy, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Donikki Hardy appeals from the district court’s order

denying his 18 U.S.C. § 3582 (2012) motion for reduction of

sentence on the basis of the Fair Sentencing Act. We have

reviewed the record and the district court’s ruling and find no

reversible error. Accordingly, we affirm substantially for the

reason stated by the district court. United States v. Hardy,

No. 7:01-cr-00235-HMH-1 (D.S.C. Aug. 23, 2013). In addition, we

note that Hardy’s claim is foreclosed by our recent decision in

United States v. Black, 737 F.3d 280 (4th Cir. 2013). 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