UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6803
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONNIE KEITH HOWELL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Malcolm J. Howard,
Senior District Judge. (3:94-cr-00056-H-1)
Submitted: September 28, 2010 Decided: October 5, 2010
Before WILKINSON, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Donnie Keith Howell, Appellant Pro Se. Jennifer P. May-Parker,
Rudolf A. Renfer, Jr., Assistant United States Attorneys,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donnie Keith Howell appeals the district court's
orders denying his motion for modification of sentence pursuant
to 18 U.S.C. § 3582(c)(2) (2006) and denying his motion for
reconsideration. Howell argues that the district court erred by
failing to reduce his sentence based upon U.S. Sentencing
Guidelines Manual (“USSG”) App. C. Amend. 706 (2007), which
lowered the offense level for sentences involving crack cocaine.
Howell’s sentence was determined by the career offender
guideline and was not based on a sentencing range lowered by the
amendment. See United States v. Hood, 556 F.3d 226, 232 (4th
Cir. 2009). Accordingly, we affirm district court’s orders. 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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