United States v. Eddie

341 F. App'x 906

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 27, 2009
• Docket: 09-6784
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Brian Taft Eddie appeals the district court’s order denying his motion for sentence reduction under 18 U.S.C. § 3582(c)(2) (2006). Eddie contends that he was entitled to a reduction under Amendment 706 of the U.S. Sentencing Guidelines Manual (“USSG”), which lowered the base offense levels for drug offenses involving cocaine base. See USSG § 2Dl.l(c) (2007 & Supp.2008); USSG App C. Amend. 706. Because Eddie was sentenced on the basis of his status as a career offender, we find that the district court did not abuse its discretion in denying Eddie’s motion. See United States v. Sharkey, 543 F.3d 1236, 1238-39 (10th Cir. 2008); United States v. Moore, 541 F.3d 1323, 1330 (11th Cir.2008); United States v. Thomas, 524 F.3d 889, 889-90 (8th Cir. 2008).

Accordingly, we deny Eddie’s motion to appoint counsel and affirm the district court’s order. United States v. Eddie, No. 3:01-cr-00004-FDW-3 (W.D.N.C. Apr. 16, 2009). 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.