UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7672

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

ERIC JAY MINOR,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:06-cr-00107-GEC-3)

Submitted: January 22, 2013 Decided: January 25, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eric Jay Minor, Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Eric Jay Minor appeals the district court’s order

denying his

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

in his sentence based on Amendment 750 to the U.S. Sentencing

Guidelines Manual (2010). We conclude that the district court

properly determined that Minor was ineligible for a sentence

reduction because the sentencing range for his crack cocaine

offense was determined by the applicable statutory mandatory

minimum, not a calculation of the drug quantity attributable to

Minor, and thus was not impacted by Amendment 750. See United

States v. Munn,

(4th Cir. 2010) (“[A]

defendant who was convicted of a crack offense but sentenced

pursuant to a mandatory statutory minimum sentence is ineligible

for a reduction under § 3582(c)(2).”). Accordingly, we affirm

the district court’s order. See United States v. Minor, No.

7:06-cr-00107-GEC-3 (W.D. Va. Sept. 11, 2012). 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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