United States v. Howell

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6803

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DONNIE KEITH HOWELL,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (3:94-cr-00056-H-1)

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

Before WILKINSON, SHEDD, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donnie Keith Howell, Appellant Pro Se. Jennifer P. May-Parker, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Donnie Keith Howell appeals the district court's

orders denying his motion for modification of sentence pursuant

to 18 U.S.C. § 3582(c)(2) (2006) and denying his motion for

reconsideration. Howell argues that the district court erred by

failing to reduce his sentence based upon U.S. Sentencing

Guidelines Manual (“USSG”) App. C. Amend. 706 (2007), which

lowered the offense level for sentences involving crack cocaine.

Howell’s sentence was determined by the career offender

guideline and was not based on a sentencing range lowered by the

amendment. See United States v. Hood, 556 F.3d 226, 232 (4th

Cir. 2009). Accordingly, we affirm district court’s orders. 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