UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7912
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JIMMY EDWARDS, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:07-cr-00011-D-1)
Submitted: March 28, 2013 Decided: April 1, 2013
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jimmy Edwards, Jr., Appellant Pro Se. Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jimmy Edwards, Jr., appeals from the district court’s
order denying his motion for a sentence departure under U.S.
Sentencing Guidelines Manual § 5H1.11 (2012). As Edwards was
sentenced in 2007, his motion is untimely. In addition, to the
extent Edwards relies upon Amendment 739 to the Guidelines
(amending § 5H1.11 in 2010), this amendment has not been made
retroactively applicable. See USSG § 1B1.10(c). Accordingly,
we affirm. 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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