UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7727
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALPHONSO DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:95-cr-00059-FDW-1)
Submitted: January 19, 2010 Decided: January 27, 2010
Before NIEMEYER, KING, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alphonso Davis, 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Unpublished opinions are not binding precedent in this circuit.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:
Alphonso Davis appeals the district court's order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion. On appeal,
Davis contends that he should be resentenced under Amendment 706
of the Sentencing Guidelines because the district court
incorrectly categorized him as a career offender. See U.S.
Sentencing Guidelines Manual (“USSG”) § 2D1.1(c) (2007 & Supp.
2008); USSG App. C Amend. 706; see also USSG § 4B1.1. We note
that Davis’ sentence was not determined by his status as a
career offender. Rather, he was sentenced to the statutory
mandatory minimum term under 21 U.S.C. § 841(b)(1)(A) (2006).
Therefore, Davis is not eligible for a sentencing reduction
under the amendment to the guidelines. 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
2
United States v. Davis
Combined Opinion