UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7192

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

BOBBY MICHAEL GILYARD, a/k/a Big Mike,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:09-cr-00274-HMH-1)

Submitted: September 24, 2013 Decided: October 4, 2013

Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Bobby Michael Gilyard, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Bobby Michael Gilyard appeals the district court’s

order denying his

(c)(2) (2006) motion for

reduction of sentence in which he sought relief under the Fair

Sentencing Act of 2010 (“FSA”). We have reviewed the record and

conclude that the district court properly determined Gilyard was

not entitled to relief. See United States v. Bullard,

(4th Cir. 2011) (holding that the FSA does not apply

retroactively to defendants sentenced prior to its effective

date). Accordingly, we affirm. We further deny Gilyard’s

motions for abeyance and 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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