United States v. Gomez

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7631

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

LINO ZEPEDA GOMEZ, a/k/a Lino Zepada, a/k/a Lino S. Cepeda,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:01-cr-00069-F-1)

Submitted: May 3, 2011 Decided: May 24, 2011

Before NIEMEYER, AGEE, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Lino Zepeda Gomez, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Lino Zepeda Gomez appeals the district court’s order

denying his motion for reduction of sentence pursuant to 18

U.S.C. § 3582(c)(2) (2006) based on Amendment 709. Because this

amendment is not expressly listed in U.S. Sentencing Guidelines

Manual § 1B1.10(c) (2010), the district court lacked authority

to apply the amendment retroactively. See United States v.

Dunphy, 551 F.3d 247, 249 n.2 (4th Cir. 2009). Accordingly, we

affirm the district court’s order. See United States v. Gomez,

No. 7:01-cr-00069-F-1 (E.D.N.C. Nov. 8, 2010). 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