United States v. Daniel Buie

U.S. Court of Appeals for the Fourth Circuit
United States v. Daniel Buie, 553 F. App'x 294 (4th Cir. 2014)

United States v. Daniel Buie

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Daniel Ray Buie appeals the district court’s order denying his motion for a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) (2012). We conclude that the district court properly determined that Buie was ineligible for a sentence reduction because his sentencing range was determined by his career offender designation, rather than the crack cocaine Guidelines. See U.S. Sentencing Guidelines Manual (“USSG”) App. C, Guideline 759 (2011) (defining “applicable guideline range” as “the guideline range that corresponds to the offense level and criminal history category determined pursuant to [USSG] § lBl.l(a), which is determined before consideration of any departure provision in the Guidelines Manual or any variance”); United States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010). Accordingly, we affirm the district court’s order. 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Daniel Ray BUIE, Defendant-Appellant
Status
Unpublished