UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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