UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6316
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
T.B. MOSS, JR., a/k/a T.M. Moss, Jr.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:02-cr-00136-FDW-1)
Submitted: June 17, 2010 Decided: June 28, 2010
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
T.B. Moss, Jr., 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Unpublished opinions are not binding precedent in this circuit.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:
T.B. Moss, Jr., appeals the district court’s order
denying his 18 U.S.C. § 3582(c) (2006) motion based on Amendment
709 to the Sentencing Guidelines. We have reviewed the record
and find no reversible error. Accordingly, we affirm the
district court’s order, noting that Amendment 709 has not been
made retroactively applicable and therefore was not available
for relief. Amendment 709 did not become effective until
November 1, 2007, and does not apply retroactively. See USSG
§ 1B1.10(c) (Amendment 709 is not listed); see also United
States v. Dunphy, 551 F.3d 247, 249 n.2 (4th Cir.) (noting that
an amendment to the Guidelines may be applied retroactively only
when the amendment is expressly listed in USSG § 1B1.10(c)),
cert. denied, 129 S. Ct. 2401 (2009). 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