United States v. Jose Rivera

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6777
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE RUIZ RIVERA, a/k/a Miguelito, a/k/a Miguel,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
New Bern. James C. Dever III, District Judge. (4:11-cr-00122-D-1)
Submitted: November 19, 2018 Decided: November 27, 2018
Before MOTZ and THACKER, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jose Ruiz Rivera, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Ruiz Rivera appeals the district court’s order denying relief on his 18 U.S.C.
§ 3582(c)(2) (2012) motion for a sentence reduction based on Amendment 782 to the
United States Sentencing Guidelines. We review for abuse of discretion the denial of a
§ 3582(c)(2) motion. United States v. Smalls, 720 F.3d 193, 195 (4th Cir. 2013). We
also apply a deferential abuse-of-discretion standard when reviewing a sentence for
substantive reasonableness. Gall v. United States, 552 U.S. 38, 51 (2007). Because our
review of the record reveals no abuse of discretion, we affirm the district court’s order.
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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