United States v. Mackey

104 F. App'x 365

Opinion

PER CURIAM:

Jasper B. Mackey, Jr., appeals the district court’s order denying his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) (2000). Mackey alleged that Amendment 599 to the U.S. Sentencing Guidelines Manual mandates a reduction of his sentence. See USSG SuppApp. C, amend. 599 (2002) (amending USSG § 2K2.4, comment, (n.2)). The district court’s legal interpretation of Amendment 599 is reviewed de novo. See United States v. Turner, 59 F.3d 481, 484 (4th Cir.1995). We have reviewed the record and conclude that Amendment 599 does not apply to Mackey’s sentence and that he is not entitled to relief under § 3582(c)(2). We therefore affirm the order of the district court. 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