UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6796
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
FERNANDO SANCHEZ-ALMARAZ, a/k/a Flaco,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:06-cr-00220-BO-1)
Submitted: August 19, 2016 Decided: August 23, 2016
Before SHEDD and WYNN, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Fernando Sanchez-Almaraz, Appellant Pro Se. Jane J. Jackson,
Stephen Aubrey West, Assistant United States Attorneys, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Fernando Sanchez-Almaraz (Sanchez) appeals the district
court’s order denying his 18 U.S.C. § 3582(c)(2) (2012) motion,
in which he sought a reduction of his sentence based on
Amendment 782 of the U.S. Sentencing Guidelines. We affirm.
Sanchez was held accountable at sentencing for a quantity
of marijuana and cocaine with a marijuana equivalency of
360,063.95 kilograms, resulting in base offense level 38. See
U.S. Sentencing Guidelines Manual § 2D1.1(c)(1) (2006). Under
Amendment 782, the base offense level for that quantity of
marijuana remains unchanged. See USSG § 2D1.1(c)(1) (2015).
Accordingly, because Amendment 782 did not lower the applicable
sentencing range, we conclude that the district court did not
abuse its discretion in denying Sanchez’s motion. See United
States v. Mann, 709 F.3d 301, 304 (4th Cir. 2013) (stating
standard of review). We therefore affirm.
We dispense with oral argument because the facts and legal
arguments are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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