United States v. Everett Cook ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7772
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
EVERETT TYREE COOK,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg. Norman K. Moon, Senior
District Judge. (6:07-cr-00026-NKM-1)
Submitted: December 13, 2012 Decided: December 19, 2012
Before MOTZ, WYNN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Everett Tyree Cook, Appellant Pro Se. Sharon Burnham, Donald Ray
Wolthuis, Assistant United States Attorneys, Roanoke, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Everett Tyree Cook appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction
of his sentence based on Amendment 750 and Dorsey v. United
States, 132 S. Ct. 2321 (2012). Cook was sentenced before the
effective date of the Fair Sentencing Act. Therefore, the Act
does not apply to his sentence. See Dorsey, 132 S. Ct. at 2335.
We have reviewed the record and find no reversible error.
Accordingly, we 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
2