UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7168

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

THOMAS LEE ASHBY, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:00-cr-00146-REP-2)

Submitted: November 13, 2012 Decided: November 15, 2012

Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas Lee Ashby, Jr., Appellant Pro Se. Brian R. Hood, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee

Unpublished opinions are not binding precedent in this circuit.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

Thomas Lee Ashby appeals a district court order

denying his motion for a sentence reduction under

(c) (2006). The court denied the motion because the

Guidelines amendments did not lower Ashby’s Guidelines sentence.

We conclude that the court did not abuse its discretion. 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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