UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7727

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALPHONSO DAVIS,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:95-cr-00059-FDW-1)

Submitted: January 19, 2010 Decided: January 27, 2010

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alphonso Davis, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Alphonso Davis appeals the district court's order

denying his

(c)(2) (2006) motion. On appeal,

Davis contends that he should be resentenced under Amendment 706

of the Sentencing Guidelines because the district court

incorrectly categorized him as a career offender. See U.S.

Sentencing Guidelines Manual (“USSG”) § 2D1.1(c) (2007 & Supp.

2008); USSG App. C Amend. 706; see also USSG § 4B1.1. We note

that Davis’ sentence was not determined by his status as a

career offender. Rather, he was sentenced to the statutory

mandatory minimum term under

(b)(1)(A) (2006).

Therefore, Davis is not eligible for a sentencing reduction

under the amendment to the guidelines. Accordingly, 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 the court and argument would not aid the

decisional process.

AFFIRMED

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