United States v. Charron Butts , 491 F. App'x 417 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7677
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CHARRON BUTTS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Arenda Wright Allen, District
Judge. (2:01-cr-00155-AWA-1)
Submitted: December 11, 2012 Decided: December 20, 2012
Before GREGORY, DUNCAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Charron Butts, Appellant Pro Se. Laura Marie Everhart, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charron Butts appeals the district court’s order
denying relief on his 18 U.S.C. § 3582(c)(2) (2006) motion, in
which Butts sought the benefit of Amendment 715 of the U.S.
Sentencing Guidelines. * We affirm, but for a reason other than
that of the district court. See Cochran v. Morris, 73 F.3d
1310, 1315 (4th Cir. 1996).
Butts pled guilty to possession with intent to
distribute 182.39 grams of cocaine base and a related firearm
offense. Amendment 715 applies solely when a drug offense
involves cocaine base and one or more other controlled
substances. Accordingly, because Butts’ offense involved only
cocaine base, Amendment 715 is inapplicable. Accordingly, the
denial of Butts’ § 3582(c)(2) motion was proper.
We therefore 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
*
The district court incorrectly stated that Butts sought
relief under Amendment 750 of the Guidelines.
2