UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6149
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HILARIA RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:11-cr-00058-BR-1)
Submitted: April 25, 2013 Decided: April 30, 2013
Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Hilaria Rodriguez, 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Unpublished opinions are not binding precedent in this circuit.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:
Hilaria Rodriguez appeals the district court’s order
denying her 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction
of sentence based on Dorsey v. United States, __ U.S. __, 132 S.
Ct. 2321 (2012). Rodriguez was sentenced in December 2011,
after passage of the Fair Sentencing Act of 2010 (“FSA”) and the
amendments to the U.S. Sentencing Guidelines Manual promulgated
in response to the FSA. Thus, as the district court concluded,
Dorsey is inapplicable in this case, and Rodriguez is not
entitled to a reduction in her sentence. We therefore affirm
the district court’s order for the reasons stated there. See
United States v. Rodriguez, No. 5:11-cr-00058-BR-1 (E.D.N.C.
Nov. 13, 2012). 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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