United States v. Reginald Edwards , 501 F. App'x 305 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7620
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGINALD LEON EDWARDS, a/k/a Reginald L. Edwards,
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-00014-NKM-1)
Submitted: December 20, 2012 Decided: December 27, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Reginald Leon Edwards, Appellant Pro Se. Donald Ray Wolthuis,
Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Reginald Leon Edwards appeals the district court’s
order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a
sentence reduction based on Amendment 750 to the crack cocaine
Sentencing Guidelines. We review the district court’s decision
for abuse of discretion; however, “[w]e review de novo . . . a
court’s conclusion on the scope of its legal authority under
§ 3582(c)(2).” United States v. Munn, 595 F.3d 183, 186 (4th
Cir. 2010). As the district court properly found, Edwards was
sentenced pursuant to the statutory mandatory minimum term of
imprisonment and therefore is not eligible for a reduction via
§ 3582(c)(2). See id. at 187 (“[A] defendant who was convicted
of a crack offense but sentenced pursuant to a mandatory
statutory minimum sentence is ineligible for a reduction under
§ 3582(c)(2).”) (citing United States v. Hood, 556 F.3d 226,
235–36 (4th Cir. 2009)). Accordingly, we grant leave to proceed
in forma pauperis, and we affirm for the reasons stated by the
district court. United States v. Edwards, No. 6:07-cr-00014-
NKM-1 (W.D. Va. Sept. 11, 2012).
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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