United States v. Rosenburgh

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7245

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MICHAEL MALONE ROSENBURGH,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:06-cr-00641-HMH-1)

Submitted: October 20, 2009 Decided: October 27, 2009

Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Michael Malone Rosenburgh, Appellant Pro Se. Regan Alexandra Pendleton, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Michael Malone Rosenburgh appeals the district court’s

order denying his motion for a sentence reduction under 18

U.S.C. § 3582(c)(2) (2006). The district court found Rosenburgh

was not eligible for a reduction under U.S. Sentencing

Guidelines Manual App. C. Amend. 706 (2007), which lowered the

base offense levels for drug offenses involving cocaine base.

Because Rosenburgh was sentenced on the basis of his status as a

career offender, he was not entitled to a reduction pursuant to

Amendment 706, so the district court did not abuse its

discretion in denying Rosenburgh's motion. See United States v.

Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating standard of

review). Accordingly, 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