United States v. Clifton Cleveland , 502 F. App'x 260 ( 2012 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-7544
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    CLIFTON ALVIN CLEVELAND,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.    Deborah K. Chasanow, Chief District
    Judge. (8:04-cr-00045-DKC-1; 8:04-cr-00568-DKC-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    Affirmed by unpublished per curiam opinion.
    James Wyda, Federal Public Defender, Paresh S. Patel, Thomas E.
    Sarachan, Staff Attorneys, Greenbelt, Maryland, for Appellant.
    Rod J. Rosenstein, United States Attorney, Barbara S. Sale,
    Assistant United States Attorney, Baltimore, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Clifton Alvin Cleveland appeals the district court’s
    order granting his motion for reduction of sentence under 
    18 U.S.C. § 3582
    (c)(2) (2006).              Although the district court granted
    Cleveland’s § 3582 motion, the court did not reduce Cleveland’s
    sentence to the full extent he requested.                       Cleveland contends
    that his amended Guidelines range was lower than the reduction
    he received because he argues that, under the Fair Sentencing
    Act (“FSA”), he was no longer subject to a statutory mandatory
    minimum    five-year       sentence      for   his     
    21 U.S.C. § 841
       (2006)
    offense.      However,      the    FSA    does   not    apply    retroactively      to
    defendants, like Cleveland, who were sentenced before the FSA’s
    effective date.           United States v. Bullard, 
    645 F.3d 237
    , 248
    (4th Cir.), cert. denied, 
    132 S. Ct. 356
     (2011).                         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
    

Document Info

Docket Number: 12-7544

Citation Numbers: 502 F. App'x 260

Judges: King, Duncan, Hamilton

Filed Date: 12/27/2012

Precedential Status: Non-Precedential

Modified Date: 11/6/2024