United States v. Hilaria Rodriguez

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-6149

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HILARIA RODRIGUEZ,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:11-cr-00058-BR-1)

Submitted: April 25, 2013 Decided: April 30, 2013

Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Hilaria Rodriguez, 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Unpublished opinions are not binding precedent in this circuit.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:

Hilaria Rodriguez appeals the district court’s order

denying her 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction

of sentence based on Dorsey v. United States, __ U.S. __, 132 S.

Ct. 2321 (2012). Rodriguez was sentenced in December 2011,

after passage of the Fair Sentencing Act of 2010 (“FSA”) and the

amendments to the U.S. Sentencing Guidelines Manual promulgated

in response to the FSA. Thus, as the district court concluded,

Dorsey is inapplicable in this case, and Rodriguez is not

entitled to a reduction in her sentence. We therefore affirm

the district court’s order for the reasons stated there. See

United States v. Rodriguez, No. 5:11-cr-00058-BR-1 (E.D.N.C.

Nov. 13, 2012). 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