UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7124
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JULIAN DEMONT PACE,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:02-cr-00033-JPB-JES-1)
Submitted: September 10, 2009 Decided: September 16, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Julian Demont Pace, Appellant Pro Se. Paul Thomas Camilletti,
Assistant United States Attorney, Martinsburg, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Julian Demont Pace appeals a district court order
denying his motion for a sentence reduction under 18 U.S.C.
§ 3582(c) (2006). The district court found Pace was not
eligible for a reduction under the recent amendments to the
Sentencing Guidelines because his sentence was not based on a
quantity of crack cocaine, but on his career offender status.
We affirm.
We find the district did not abuse its discretion
denying Pace’s motion for a sentence reduction. United
States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating
standard of review). 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
*
Insofar as it appears Pace’s appeal from the district
court’s order was untimely, we note he signed the notice of
appeal within ten days of the court’s order. Because we assume
the date appearing on the notice of appeal is the earliest date
it could have been properly delivered to prison officials for
mailing to the court, we find the appeal timely. Fed. R. App.
P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
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