UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7772

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

EVERETT TYREE COOK,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. (6:07-cr-00026-NKM-1)

Submitted: December 13, 2012 Decided: December 19, 2012

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Everett Tyree Cook, Appellant Pro Se. Sharon Burnham, Donald Ray Wolthuis, Assistant United States Attorneys, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Everett Tyree Cook appeals the district court’s order

denying his

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

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

States,

(2012). Cook was sentenced before the

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

does not apply to his sentence. See Dorsey,

.

We have reviewed the record and find no reversible error.

Accordingly, we affirm. 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

2