UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7638
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM ERIC BOLTON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Raymond A. Jackson,
District Judge. (4:03-cr-00095-RAJ-FBS-1)
Submitted: February 24, 2009 Decided: March 17, 2009
Before WILKINSON, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William Eric Bolton, Appellant Pro Se. Laura Pellatiro Tayman,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Eric Bolton appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction
of sentence. We have reviewed the record and find no reversible
error. Bolton cannot benefit from Amendment 706 to the
Sentencing Guidelines because of the quantities of cocaine
powder and marijuana for which he was originally held
accountable. Those quantities convert to a total of 16,820.817
kilograms of marijuana and a base offense level of thirty-six,
U.S. Sentencing Guidelines Manual § 2D1.1 (2008), which is the
same base offense level applied at Bolton’s original sentencing
when he was also held accountable for a quantity of crack
cocaine. Consequently, Bolton may not now receive a reduction
in base offense level, see id. § 2D1.1 cmt. n.10(D)(ii)(II), and
he is therefore ineligible for a sentence reduction pursuant to
§ 3582(c)(2). Accordingly, we grant Bolton leave to proceed in
forma pauperis and affirm the district court. 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