U.S. Court of Appeals for the Fourth Circuit, 2009

United States v. Hockaday

United States v. Hockaday
U.S. Court of Appeals for the Fourth Circuit · Decided June 1, 2009 · Motz, Traxler, Agee
330 F. App'x 26

United States v. Hockaday

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Demetric Hockaday appeals the district court’s order denying his motion for sentence reduction under 18 U.S.C. § 3582(c)(2) (2006). Hockaday contends that he was entitled to a reduction under Amendment 706 of the U.S. Sentencing Guidelines Manual (“USSG”), which lowered the base offense levels for drug offenses involving cocaine base. See USSG § 2Dl.l(c) (2007 & Supp. 2008); USSG App. C. Amend. 706. Because Hockaday was sentenced on the basis of his status as a career offender, we find that the district court did not abuse its discretion in denying Hockaday’s motion. See United States v. Sharkey, 543 F.3d 1236, 1238-39 (10th Cir. 2008); United States v. Moore, 541 F.3d 1323, 1330 (11th Cir. 2008); United States v. Thomas, 524 F.3d 889, 889-90 (8th Cir. 2008). *

Accordingly, we affirm the district court’s order denying relief. United States v. Hockaday, No. 5:05-cr-00220-BR-1 (E.D.N.C. Mar. 12, 2009). We also deny Hockaday’s motion to appoint coun *27 sel. 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.

*

Insofar as Hockaday suggests that he was entitled to a full resentencing, his claim is foreclosed by our decision in United States v. Dunphy, 551 F.3d 247, 251 (4th Cir. 2009) (holding that § 3582(c)(2) proceedings "do not constitute a full resentencing of the defendant”) (internal quotation marks and citation omitted), cert. denied, - U.S. -, 129 S.Ct. 2401, 173 L.Ed.2d 1296 (2009).

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