United States v. Leon McDowell

U.S. Court of Appeals for the Fourth Circuit

United States v. Leon McDowell

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7570

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

LEON MCDOWELL,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:05-cr-00757-CMC-1)

Submitted: November 15, 2012 Decided: December 17, 2012

Before WILKINSON, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leon McDowell, Appellant Pro Se. Jane Barrett Taylor, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Leon McDowell appeals the district court’s order

denying his

18 U.S.C. § 3582

(c)(2) (2006) motion for a reduction

of his sentence based on Amendment 750 and Dorsey v. United

States,

132 S. Ct. 2321

(2012). McDowell was sentenced before

the effective date of the Fair Sentencing Act. Therefore, the

Act does not apply to his sentence. See Dorsey,

132 S. Ct. at 2335

. 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

2

Reference

Status
Unpublished