United States v. Dixon ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7338
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
OMAR JERMEL DIXON, a/k/a O Dixon, a/k/a Omar Dixon-El,
a/k/a Omar Jermel Dixon-El, a/k/a Omar Germal Dixon, a/k/a
Omar Jermal Dixon, a/k/a Omar Jermal Dixon El,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:02-cr-00209-JRS-1)
Submitted: April 14, 2011 Decided: April 28, 2011
Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Omar Jermel Dixon, Appellant Pro Se. Brian R. Hood, OFFICE OF
THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Omar Jermel Dixon appeals the district court’s denial
of his 18 U.S.C. § 3582 (2006) motion for reduction of sentence
based on the crack cocaine Guidelines Amendments. The district
court found that Dixon had been held responsible for more than
4.5 kilograms of crack cocaine at his original sentencing and
was therefore ineligible for a reduction. We hold that the
district court’s ruling was not an abuse of discretion. See
United States v. Woods, 581 F.3d 531, 539 (7th Cir. 2009)
(holding that “a finding that the defendants were responsible
for at least 4.5 kilograms is not inconsistent with the
conclusion of the original sentencing court that the defendants
were responsible for amounts in excess of 1.5 kilograms”).
Accordingly, we affirm the district court’s order. 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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