UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8129
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCEL BARNES, a/k/a Larry Kevin Brown,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:94-cr-00052-RBS-3)
Submitted: December 5, 2008 Decided: January 7, 2009
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marcel Barnes, Appellant Pro Se. Laura Marie Everhart,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marcel Barnes appeals from the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion, in which he
sought the benefit of Amendment 715 of the sentencing
guidelines. See U.S. Sentencing Guidelines Manual Amend. 715
(2008). Because Barnes’ offense involved well in excess of 4.5
kilograms of cocaine base * as well as quantities of other drugs,
he is not entitled to a reduction of his 360-month sentence.
Amendment 715 specifically excepts from its coverage offenses
involving “4.5 kg. or more . . . of cocaine base.” USSG Amend.
715. Accordingly, we affirm. 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
*
According to Barnes’ presentence report, he was
responsible for 24.615 kilograms of cocaine base, 13.407
kilograms of cocaine, and .838 kilograms of marijuana.
2