U.S. Court of Appeals for the Fourth Circuit, 2014

United States v. Ryan Lee

United States v. Ryan Lee
U.S. Court of Appeals for the Fourth Circuit · Decided September 29, 2014 · Wilkinson, Agee, Davis
583 F. App'x 275

United States v. Ryan Lee

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ryan Oshay Lee appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for reduction in his sentence based on Amendments 750 and 759 to the U.S. Sentencing Guidelines Manual We affirm.

The district court properly concluded that it lacked authority to grant a sentence reduction under § 3582(c)(2) because Lee’s Guidelines range was driven by his career offender designation and not the crack cocaine Guidelines provisions. See United States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010). To the extent that Lee challenges the continued viability of that designation, such a claim is not properly pursued in a § 3582(c)(2) motion. See Dillon v. United States, 560 U.S. 817, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (explaining that § 3582(c)(2) does not authorize full resentencing, but permits sentence reduction only within narrow bounds established by the Sentencing Commission).

Accordingly, we affirm the district court’s order. See United States v. Lee, No. 7:07-cr-00079-D-1 (E.D.N.C. Apr. 8, 2014). We deny Lee’s motion for the 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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