United States v. Andre Green ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6028
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANDRE SHAWN GREEN, a/k/a Andre Greene, a/k/a Dre,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Margaret B. Seymour, Senior
District Judge. (5:08-cr-00944-MBS-10)
Submitted: February 26, 2013 Decided: March 1, 2013
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Andre Shawn Green, Appellant Pro Se. Stanley D. Ragsdale, John
David Rowell, Assistant United States Attorneys, Columbia, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Andre Shawn Green appeals the district court’s order
denying Green’s 18 U.S.C. § 3582(c)(2) (2006) motion for a
sentence reduction. On appeal, Green asserts that the Fair
Sentencing Act (“FSA”) should apply to lower the statutory
mandatory minimum term to which he was originally sentenced
because his direct appeal was pending at the time the FSA became
effective. However, as Green was sentenced prior to August 3,
2010, the effective date of the FSA, he is not entitled to
application of the reduced penalties. See United States v.
Bullard, 645 F.3d 237, 248-49 (4th Cir.), cert. denied 132 S.
Ct. 356 (2011) (FSA does not apply retroactively to cases
pending on direct appeal where defendant was sentenced prior to
effective date of the Act). 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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