United States v. Reyes

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 25, 2011
• Docket: 10-7603
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7603

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

EDWIN ARNOLDO REYES,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:01-cr-00533-PJM-20)

Submitted: May 6, 2011 Decided: May 25, 2011

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edwin Arnoldo Reyes, Appellant Pro Se. Deborah A. Johnston, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Edwin Arnoldo Reyes appeals from the district court’s

order denying his 18 U.S.C. § 3582 (2006) motion for reduction

of sentence based upon Amendment 503 to the Sentencing

Guidelines. We review an order granting or denying a

§ 3582(c)(2) motion for abuse of discretion. United States v.

Munn, 595 F.3d 183, 186 (4th Cir. 2010). Under § 3582(c)(2),

the district court may modify the term of imprisonment “of a

defendant who has been sentenced . . . based on a sentencing

range that has subsequently been lowered.” Here, Reyes’

sentencing range was not lowered, as Reyes was sentenced after

the amendment in question became effective. As such, § 3582 is

inapplicable. Accordingly, we 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