UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7461
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
YVONNE MARIE FOUNTAIN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:09-cr-00013-MR-DLH-9)
Submitted: October 11, 2012 Decided: October 16, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Yvonne Marie Fountain, Appellant Pro Se. Thomas A. O’Malley,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina;
Amy Elizabeth Ray, Assistant United States Attorney, Jill
Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY,
Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Yvonne Fountain appeals the district court’s order
denying her 18 U.S.C. § 3582(c)(2) (2006) motion based on
Amendment 750 to the Guidelines, the Fair Sentencing Act of 2010
(“FSA”), Pub. L. No. 111-220, and United States v. Simmons, 649
F.3d 237 (4th Cir. 2011). We have reviewed the record and find
no reversible error. Because Fountain was sentenced in 2009,
prior to the effective date of the FSA, the FSA does not apply
to her sentence. United States v. Bullard, 645 F.3d 237, 246-49
(4th Cir. 2011). Simmons similarly provides no relief because
Fountain’s conviction was punishable by a term exceeding one
year. See 649 F.3d at 239. Accordingly, we affirm. 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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