UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6177
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
KEITH LARKINS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Margaret B. Seymour, Chief
District Judge. (5:08-cr-00098-MBS-1)
Submitted: June 14, 2012 Decided: June 19, 2012
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Keith Larkins, Appellant Pro Se. John David Rowell, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Keith Larkins appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion for sentence
reduction. We review for abuse of discretion a district court’s
decision on whether to reduce a sentence under § 3582(c)(2) and
review de novo a court’s conclusion on the scope of its legal
authority under that provision. United States v. Munn, 595 F.3d
183, 186 (4th Cir. 2010).
Section 3582(c)(2) is inapplicable to Larkins because
he was not sentenced “based on a sentencing range” that was
subsequently lowered by the United States Sentencing Commission.
Rather, as the district court correctly found, he was sentenced
to the mandatory statutory minimum term of imprisonment.
Larkins’ sentence was therefore not subject to reduction under
§ 3582(c)(2). Id. at 187 (“[A] defendant who was convicted of a
[cocaine base] offense but sentenced pursuant to a mandatory
statutory minimum sentence is ineligible for a reduction under
§ 3582(c)(2).”).
Accordingly, we affirm the district court’s order. 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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