United States v. Bobby Gilyard ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7192
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BOBBY MICHAEL GILYARD, a/k/a Big Mike,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., Senior
District Judge. (8:09-cr-00274-HMH-1)
Submitted: September 24, 2013 Decided: October 4, 2013
Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Bobby Michael Gilyard, Appellant Pro Se. Alan Lance Crick,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bobby Michael Gilyard appeals the district court’s
order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for
reduction of sentence in which he sought relief under the Fair
Sentencing Act of 2010 (“FSA”). We have reviewed the record and
conclude that the district court properly determined Gilyard was
not entitled to relief. See United States v. Bullard, 645 F.3d
237, 248 (4th Cir. 2011) (holding that the FSA does not apply
retroactively to defendants sentenced prior to its effective
date). Accordingly, we affirm. We further deny Gilyard’s
motions for abeyance and 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
2