UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6258
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CEARFUL SPEIGHT, a/k/a June,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CR-93-90-N)
Submitted: June 9, 1998 Decided: June 18, 1998
Before MURNAGHAN, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Cearful Speight, Appellant Pro Se. Fernando Groene, OFFICE OF THE
UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court’s order denying his mo-
tion for a modification of sentence under 18 U.S.C.A. § 3582(c)(2)
(West Supp. 1998). We have reviewed the record and the district
court’s opinion and find no reversible error. We note that
Amendment 487 to the United States Sentencing Guidelines became
effective on November 1, 1993, and the Presentence Investigation
Report relied on the November 1, 1993, version of the Guidelines in
calculating Appellant’s sentence. Thus, Appellant’s claim that he
is entitled to resentencing based on Amendment 487 is meritless.
Accordingly, we affirm substantially on the reasoning of the dis-
trict court. See United States v. Speight, No. CR-93-90-N (E.D. Va.
Jan. 12, 1998). 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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