UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7077

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HARRY RAMONE BAPTISTE,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:99-cr-00059-RLV-1)

Submitted: October 13, 2011 Decided: October 18, 2011

Before SHEDD, AGEE, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Harry Ramone Baptiste, 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Unpublished opinions are not binding precedent in this circuit.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:

Harry Ramone Baptiste appeals a district court order

denying his motion for a sentence reduction under

(c) (2006). We affirm. Because the amendment in question

did not lower Baptiste’s Guidelines sentence, we find the

district did not abuse its discretion denying the motion.

United States v. Goines,

(4th Cir. 2004)

(stating standard of review). 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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