UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6025
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
MARCEL BARNES, a/k/a Larry Kevin Brown
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:94-cr-00052-RBS-3)
Submitted: May 29, 2012 Decided: June 8, 2012
Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marcel Barnes, Appellant Pro Se. Laura M. Everhart, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marcel Barnes appeals the district court’s order
denying his 18 U.S.C. § 3582(c) (2006) motion for reduction of
sentence. In his motion, Barnes sought the benefit of Amendment
750 of the federal sentencing guidelines, which lowered the
offense levels for most offenses involving crack cocaine. The
Amendment applies retroactively. U.S. Sentencing Guidelines
Manual § 1B1.10(c) (2011). We affirm.
Barnes pled guilty in 1994 to conspiracy to distribute
cocaine base, cocaine, and marijuana. He was held responsible
for a marijuana equivalency of 495,976.59 kg. Barnes’ base
offense level was 42. With adjustments for role in the offense,
possession of a firearm, and acceptance of responsibility, his
total offense level was 44. His criminal history category was
V, and his Guidelines range was life. Barnes received a life
sentence.
Previously, Barnes filed a § 3582(c)(2) motion,
seeking the benefit of Amendment 505 of the Guidelines, which
lowered the top base offense level of the Drug Quantity Table
from level 42 to level 38. Under Amendment 505, Barnes’ total
offense level was reduced to 360 months-life (offense level 40,
criminal history category V). The district court granted the
motion and resentenced Barnes to 360 months in prison.
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Under Amendment 750, Barnes’ base offense level
remains 38. See USSG § 2D1.1(c)(1) (2011). His advisory
Guidelines range of 360 months-life is unchanged. Thus, because
Amendment 750 did not lower Barnes sentencing range, the
district court did not abuse its discretion in denying Barnes’
motion. See 18 U.S.C. § 3582(c)(2); USSG § 1B1.10(a)(2)(B),
p.s.
We accordingly affirm. We dispense with oral argument
because the facts and legal contentions are adequately set forth
in the materials before the court and argument would not aid the
decisional process.
AFFIRMED
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