UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6732
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEITH L. HOPKINS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (3:95-cr-00073-JRS-3)
Submitted: August 27, 2012 Decided: September 11, 2012
Before MOTZ, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Keith L. Hopkins, Appellant Pro Se. Richard Daniel Cooke,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Keith L. Hopkins appeals the district court’s order
denying his motion for reduction of sentence, 18 U.S.C.
§ 3582(c)(2) (2006). In his motion, Hopkins sought the benefit
of Amendment 750 of the Sentencing Guidelines, which reduced the
offense levels applicable to most offenses involving crack
cocaine. We affirm.
Hopkins was held responsible for a quantity of cocaine
base and heroin with a marijuana equivalency of 2407 kilograms,
for a base offense level of 32. See U.S. Sentencing Guidelines
Manual § 2D1.1(c)(4) (1995). Two levels were added for each of
the following: firearm possession, role in the offense, and
obstruction of justice. His total offense level was 38.
Hopkins had seventeen criminal history points, placing him in
criminal history category VI. His Guidelines range was 360
months-life.
Hopkins qualified as a career offender. Because the
statutory maximum for the offense was life in prison, see 21
U.S.C. § 841(b)(1)(A), his offense level as a career offender
was 37. See U.S.S.G. § 4B1.1(b)(1). His criminal history
category as a career offender was VI, and his corresponding
Guidelines range was 360 months-life. Because his offense level
under the Drug Quantity Table was greater than that calculated
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under § 4B1.1, he was originally sentenced under the Drug
Quantity Table—not as a career offender. See § 4B1.1(b).
Hopkins previously filed a § 3582(c)(2) motion,
seeking the benefit of Amendment 706 of the Guidelines. The
district court denied relief, and we affirmed. We observed
that, under Amendment 706, it was Hopkins’ status as a career
offender that governed the determination of his Guidelines
range. Because his Guidelines range as a career offender was
360 months-life, Amendment 706 did not have the effect of
lowering his Guidelines range, and he was not entitled to
relief. United States v. Hopkins, 323 F. App’x 218 (4th Cir.
2009).
Under Amendment 750, which reduced the marijuana
equivalency for cocaine base, Hopkins is responsible for a
marijuana equivalency of about 797 kilograms, for a base offense
level of 30. See U.S.S.G. § 2D1.1(c)(5). His total offense
level is 36, with a Guidelines range of 324-405 months.
However, Hopkins’ career offender status now governs the
determination of his Guidelines range, so his Guidelines range
is still 360 months-life. Because the Amendment did not have
the effect of lowering Hopkins’ Guidelines range, the district
court did not err in denying relief. See 18 U.S.C.
§ 3582(c)(2); U.S.S.G. § 1B1.10(a)(2)(B), p.s.
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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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