United States v. Mesa-Lopez

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 14, 2009
• Docket: 08-8031
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8031

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALVIERO MESA-LOPEZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (6:06-cr-00998-HFF-5)

Submitted: April 29, 2009 Decided: May 14, 2009

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alviero Mesa-Lopez, 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Unpublished opinions are not binding precedent in this circuit.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:

Alviero Mesa-Lopez appeals the district court’s order

denying his motion for modification of sentence pursuant to 18

U.S.C. § 3582(c)(2) (2006). We have reviewed the record and

find no reversible error. Because Mesa-Lopez was not sentenced

for a crack cocaine offense, Amendment 706 of the sentencing

guidelines has no effect on his sentence. See United States v.

Hood, 556 F.3d 226, 228 (4th Cir. 2009) (“Amendment 706 lowered

only the crack cocaine offense levels in [U.S. Sentencing

Guidelines Manual] § 2D1.1.”). Therefore, the district court

did not abuse its discretion in denying the motion for reduction

of sentence, and 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