United States v. Reid , 293 F. App'x 201 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6660
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALEXANDER REID, a/k/a Batman,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (2:97-cr-00577-PMD-1)
Submitted: September 11, 2008 Decided: September 16, 2008
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Mary Gordon Baker, Assistant Federal Public Defender, Charleston,
South Carolina, for Appellant. Alston Calhoun Badger, Jr.,
Assistant United States Attorney, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alexander Reid appeals the district court’s order denying
his motion for credit of over-served time. Reid contends he is
entitled to a credit for time served and that credit should be
applied to his current term of imprisonment.
Reid pled guilty to conspiracy to distribute cocaine base
and served his sentence of 135 months of imprisonment. Reid
subsequently violated his conditions of supervised release, and the
district court revoked supervised release and ordered an additional
thirty-seven months of imprisonment. Reid argues he is entitled to
a retroactive reduction of his sentence for conspiracy to
distribute cocaine, under the recent amendments to the United
States Sentencing Guidelines. See U.S.S.G. §§ 1B1.10, 2D1.1, App’x
C, Amend. 706 (2007 & Supp. May 1, 2008). Reid states he should
receive a credit for the excess time he served based on the
amendments to the guidelines, and the district court should apply
this credit against his current sentence for revocation of
supervised release.
The application notes accompanying the guidelines
amendment state, “[i]n no case, however, shall the term of
imprisonment be reduced below time served.” U.S.S.G. § 1B1.10
comment. (n.3). Thus, we decline to reduce Reid’s sentence for his
cocaine base conviction below the amount of time he has already
served for the crime. Furthermore, the Guidelines application
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notes provide that the amendment “does not authorize a reduction in
the term of imprisonment imposed upon revocation of supervised
release.” U.S.S.G. § 1B1.10 comment. (n.4(A)).
Accordingly, we affirm the district court’s order. We
deny Reid’s motion for appointment of counsel. We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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