UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7631
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LINO ZEPEDA GOMEZ, a/k/a Lino Zepada, a/k/a Lino S. Cepeda,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:01-cr-00069-F-1)
Submitted: May 3, 2011 Decided: May 24, 2011
Before NIEMEYER, AGEE, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lino Zepeda Gomez, Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lino Zepeda Gomez appeals the district court’s order
denying his motion for reduction of sentence pursuant to 18
U.S.C. § 3582(c)(2) (2006) based on Amendment 709. Because this
amendment is not expressly listed in U.S. Sentencing Guidelines
Manual § 1B1.10(c) (2010), the district court lacked authority
to apply the amendment retroactively. See United States v.
Dunphy, 551 F.3d 247, 249 n.2 (4th Cir. 2009). Accordingly, we
affirm the district court’s order. See United States v. Gomez,
No. 7:01-cr-00069-F-1 (E.D.N.C. Nov. 8, 2010). 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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