United States v. Dewayne Crews

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7992
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DEWAYNE L. CREWS,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg. Norman K. Moon, Senior
District Judge. (6:03-cr-70047-NKM-1)
Submitted: March 26, 2013 Decided: March 28, 2013
Before DUNCAN, FLOYD, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dewayne L. Crews, Appellant Pro Se. Ronald Andrew Bassford,
Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dewayne L. Crews appeals the district court’s order
denying his § 3582(c)(2) motion for sentence reduction.
However, because Crews served his original sentence and is now
confined on a sentence imposed on revocation of supervised
release, he is not eligible for § 3582(c)(2) relief. See U.S.
Sentencing Guidelines Manual § 1B1.10, p.s., cmt. n.5(A) (2012)
(“This section does not authorize a reduction in the term of
imprisonment imposed upon revocation of supervised release.”);
United States v. Morales, 590 F.3d 1049, 1051 (9th Cir. 2010)
(same). Accordingly, we affirm the district court’s denial of
relief. 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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