UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6437
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARVIN HAMPTON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Margaret B. Seymour, Chief
District Judge. (5:05-cr-00609-MBS-1)
Submitted: June 21, 2012 Decided: June 26, 2012
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marvin Hampton, Appellant Pro Se. Jane Barrett Taylor,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Marvin Hampton appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction
in his sentence based on Amendment 750 to the U.S. Sentencing
Guidelines Manual (2010). We conclude that the district court
properly determined that Hampton was ineligible for a sentence
reduction because the sentencing range for his crack cocaine
offense was determined by the applicable statutory mandatory
minimum, not a calculation of the drug quantity attributable to
Hampton, and thus was not impacted by Amendment 750. See United
States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010) (“[A]
defendant who was convicted of a crack 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. See United States v. Hampton, No.
5:05-cr-00609-MBS-1 (D.S.C. Feb. 28, 2012). 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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