United States v. Floyd

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6539

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHAUNCEY FLOYD,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry F. Floyd, District Judge. (7:04-cr-01125-HFF-1)

Submitted: September 28, 2010 Decided: October 5, 2010

Before WILKINSON, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Chauncey Floyd, Appellant Pro Se. Leesa Washington, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Chauncey Floyd appeals a district court order denying

his motion for a sentence reduction under 18 U.S.C. § 3582(c)

(2006). The district court found Floyd was not eligible for a

reduction under the recent amendments to the Sentencing

Guidelines because his sentence was based, not on a quantity of

crack cocaine, but on his career offender status. We find the

district did not abuse its discretion denying Floyd’s motion for

a sentence reduction. United States v. Goines, 357 F.3d 469,

478 (4th Cir. 2004) (stating standard of review). 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