United States v. Andre Green

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6028

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

ANDRE SHAWN GREEN, a/k/a Andre Greene, a/k/a Dre,

Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Margaret B. Seymour, Senior
District Judge. (5:08-cr-00944-MBS-10)

Submitted: February 26, 2013 Decided: March 1, 2013

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andre Shawn Green, Appellant Pro Se. Stanley D. Ragsdale, John
David Rowell, Assistant United States Attorneys, Columbia, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Andre Shawn Green appeals the district court’s order

denying Green’s 18 U.S.C. § 3582(c)(2) (2006) motion for a

sentence reduction. On appeal, Green asserts that the Fair

Sentencing Act (“FSA”) should apply to lower the statutory

mandatory minimum term to which he was originally sentenced

because his direct appeal was pending at the time the FSA became

effective. However, as Green was sentenced prior to August 3,

2010, the effective date of the FSA, he is not entitled to

application of the reduced penalties. See United States v.

Bullard, 645 F.3d 237, 248-49 (4th Cir.), cert. denied 132 S.

Ct. 356 (2011) (FSA does not apply retroactively to cases

pending on direct appeal where defendant was sentenced prior to

effective date of the Act). 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