UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7037
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KAREEM R. THOMPSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., Senior
District Judge. (6:98-cr-00207-GRA-1)
Submitted: April 23, 2009 Decided: April 29, 2009
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kareem R. Thompson, Appellant Pro Se. Harold Watson Gowdy, III,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kareem R. Thompson appeals the district court’s order
denying his motion for modification of sentence pursuant to 18
U.S.C. § 3582(c)(2) (2006). Thompson argues that the district
court erred by failing to reduce his sentence based upon
Amendment 706 of the Guidelines. See U.S. Sentencing Guidelines
Manual § 2D1.1(c) (2007 & Supp. 2008); USSG App. C Amend. 706.
As we recently observed, “Amendment 706 . . . amended § 2D1.1 of
the Sentencing Guidelines by reducing the offense levels
associated with crack cocaine quantities by two levels.” United
States v. Hood, 556 F.3d 226, 232 (4th Cir. 2009). Thompson’s
sentence was determined by the career offender guideline, USSG
§ 4B1.1, and was not based on a sentencing range lowered by the
amendment. The fact that the district court reduced Thompson’s
sentence under Fed. R. Crim. P. 35 is irrelevant to the
applicability of Amendment 706. Id. at 234. Accordingly, we
affirm the decision of 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
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