UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7792
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DEMECIO ONTIVEROS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Terrence W. Boyle,
District Judge. (CR-02-176-BO-1)
Submitted: May 26, 2006 Decided: June 12, 2006
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Allen Ratliff, ROBERT A. RATLIFF, PC, Mobile, Alabama, for
Appellant. Steve R. Matheny, OFFICE OF THE UNITED STATES ATTORNEY,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Demecio Ontiveros appeals the district court’s orders
denying relief on his motion to modify his sentence under 18 U.S.C.
§ 3582(c)(2) (2000) and his motion to reconsider. We have reviewed
the record and find no reversible error. Accordingly, we affirm
the denial of Ontiveros’s § 3582 motion and motion to reconsider on
the basis that § 3582(c)(2) does not provide for a remedy where, as
here, the Sentencing Commission has not reduced the applicable
guidelines range. 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
- 2 -