UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7297

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MICHAEL ANTHONY CHERRY, a/k/a Pops,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:07-cr-00040-RLV-DSC-1)

Submitted: December 13, 2012 Decided: December 18, 2012

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Anthony Cherry, Appellant Pro Se. Steven R. Kaufman, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Michael Anthony Cherry appeals a district court order

denying his motion for a sentence reduction under

(c) (2006). The district court found Cherry was not

eligible for a reduction under the recent amendments to the

Sentencing Guidelines because his sentence was based, not on a

quantity of crack cocaine, but on his career offender status.

We conclude that the district court did not abuse its discretion

in denying Cherry’s motion for a sentence reduction. United

States v. Goines,

(4th Cir. 2004) (stating

standard of review). Accordingly, we affirm the district

court’s order. We deny Cherry’s motion for appointment of

counsel. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional

process.

AFFIRMED

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