UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7601
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL MAJORS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:09-cr-00192-JCC-1)
Submitted: January 22, 2013 Decided: January 25, 2013
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael Majors, Appellant Pro Se. Dennis Michael Fitzpatrick,
OFFICE OF THE UNITED STATES ATTORNEY, Lawrence Joseph Leiser,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Majors 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 Majors 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
Majors, 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. Majors, No.
1:09-cr-00192-JCC-1 (E.D. Va. Sept. 5, 2012). We grant Majors’
motion to seal the exhibit he submitted in conjunction with his
informal appellate brief. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED
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