UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6104
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PONYA NICHELLE WRAY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Lacy H. Thornburg,
District Judge. (3:00-cr-00184-1)
Submitted: March 29, 2007 Decided: April 6, 2007
Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ponya Nichelle Wray, Appellant Pro Se. Karen Elise Eady, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ponya Nichelle Wray appeals the district court’s order
denying her motion to reduce term of imprisonment and supervised
release, filed pursuant to 18 U.S.C. § 3582(c)(2) (2000). Wray,
who was sentenced pursuant to the 1991 version of the sentencing
guidelines which were in effect at the time of her sentencing,
asserts that subsequent amendments to U.S. Sentencing Guidelines
Manual (“USSG”) § 2B1.1 would result in a lesser sentence. We have
reviewed the record and find no reversible error. Wray is not
entitled to claim retroactive application of the amendment to USSG
§ 2B1.1, Amendment 364, as it has not expressly been made
retroactive pursuant to USSG § 1B1.10. Accordingly, we deny leave
to proceed in forma pauperis and dismiss the appeal. 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.
DISMISSED
- 2 -