United States v. Lancy McClary

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7035
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LANCY ELLITHORPE MCCLARY,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:07-cr-00432-DCN-1)
Submitted: October 10, 2012 Decided: October 12, 2012
Before KING, DUNCAN, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lancy Ellithorpe McClary, Appellant Pro Se. Alston Calhoun
Badger, Jr., Assistant United States Attorney, Charleston, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lancy Ellithorpe McClary appeals the district court’s
order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for
sentence reduction based on Amendments 591 and 750 to the
Sentencing Guidelines, as well as its order denying his motion
for reconsideration. Our review of the record leads us to
conclude that neither amendment provided a basis for relief.
Amendment 591 took effect long before McClary was sentenced.
Amendment 750 did not lower McClary’s Guidelines range because
he was sentenced for a firearms offense and received an
enhancement for using the firearm in connection with another
felony offense involving powder cocaine, not crack cocaine.
Moreover, the district court was without authority to entertain
McClary’s motion for reconsideration. United States v. Goodwyn,
596 F.3d 233, 235-36 (4th Cir. 2010).
We therefore affirm the district court’s judgment. 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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