United States v. Michael Cherry ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7297
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL ANTHONY CHERRY, a/k/a Pops,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:07-cr-00040-RLV-DSC-1)
Submitted: December 13, 2012 Decided: December 18, 2012
Before MOTZ, WYNN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael Anthony Cherry, Appellant Pro Se. Steven R. Kaufman,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Anthony Cherry appeals a district court order
denying his motion for a sentence reduction under 18 U.S.C.
§ 3582(c) (2006). The district court found Cherry was not
eligible for a reduction under the recent amendments to the
Sentencing Guidelines because his sentence was based, not on a
quantity of crack cocaine, but on his career offender status.
We conclude that the district court did not abuse its discretion
in denying Cherry’s motion for a sentence reduction. United
States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating
standard of review). Accordingly, we affirm the district
court’s order. We deny Cherry’s motion for appointment of
counsel. 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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