United States v. Tyler

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 26, 2008
• Docket: 08-6991
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6991

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALVIN TYLER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:05-cr-00491-JRS-1)

Submitted: November 5, 2008 Decided: November 26, 2008

Before MOTZ, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alvin Tyler, Appellant Pro Se. Michael Cornell Wallace, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Alvin Tyler appeals the district court’s order denying

his motion for a reduction of sentence pursuant to 18 U.S.C.

§ 3582(c) (2006). Tyler contends that he was entitled to the

reduction under Amendment 706 of the U.S. Sentencing Guidelines

Manual (“USSG”), which lowered the base offense levels for drug

offenses involving cocaine base. See USSG § 2D1.1(c) (2007 &

Supp. 2008); USSG App. C Amend. 706. Because Tyler was

sentenced on the basis of his status as a career offender, we

find that the district court did not abuse its discretion in

denying Tyler’s motion. See United States v. Sharkey, __ F.3d

___, 2008 WL 4482893, *2 (10th Cir. Oct. 7, 2008); United

States v. Moore, 541 F.3d 1323, 1330 (11th Cir. 2008); United

States v. Thomas, 524 F.3d 889, 889-90 (8th Cir. 2008).

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