UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7105
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CARL LAMONT DEAN, a/k/a Jermaine Dean,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:96-cr-00046-FDW-3)
Submitted: October 15, 2009 Decided: October 21, 2009
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Carl Lamont Dean, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carl Lamont Dean appeals the district court’s order
denying his motion for reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006). Dean asserts that the district court erred
by failing to reduce his sentence based on Amendment 706 to the
Sentencing Guidelines. See U.S. Sentencing Guidelines Manual
(“USSG”) § 2D1.1(c) (2007 & Supp. 2008), USSG App C, Amend. 706.
“Amendment 706 . . . amended § 2D1.1 of the Sentencing
Guidelines by reducing the offense levels associated with
[cocaine base] quantities by two levels.” United States v.
Hood, 556 F.3d 226, 232 (4th Cir. 2009), petition for cert.
filed, ___U.S.L.W. ___ (U.S. Aug. 7, 2009) (No. 09-5868).
Because of the statutorily-mandated minimum sentence to which
Dean was subject, his Guidelines’ imprisonment range was 240 to
293 months. He was sentenced to 240 months’ imprisonment. On
account of the statutory minimum, Amendment 706 did not have the
effect of lowering Dean’s Guidelines range. See USSG § 1B1.10,
p.s., cmt. n.1(A). Accordingly, a reduction in Dean’s sentence
is not authorized under § 3582(c)(2). We therefore 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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