United States v. Anthony Banks ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7894
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTHONY DESHAWN BANKS, a/k/a Eight,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Rebecca Beach Smith,
Chief District Judge. (4:06-cr-00042-RBS-JEB-2)
Submitted: April 13, 2015 Decided: April 22, 2015
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Deshawn Banks, Appellant Pro Se. Robert Edward
Bradenham, II, Assistant United States Attorney, Newport News,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Deshawn Banks appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2012) motion for reduction
of sentence. In his motion, Banks sought the benefit of
Amendment 782 of the U.S. Sentencing Guidelines, which reduced
the base offense levels applicable to most offenses involving
crack cocaine. The record reflects that, at sentencing, Banks
was held responsible for 133.2 kg. of crack, and his Guidelines
range was 292-365 months. Application of Amendment 782 does not
have the effect of lowering his Guidelines range, which remains
292-365 months. See U.S. Sentencing Guidelines Manual
§ 1B1.10(a)(2)(B), p.s. (2014). Accordingly, we conclude that
the district court did not abuse its discretion in denying
Banks’ motion. See United States v. Smalls, 720 F.3d 193, 195
(4th Cir. 2013) (stating standard of review). 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
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