United States v. Reginald Spivey
United States v. Reginald Spivey
Opinion
USCA4 Appeal: 24-6835 Doc: 5 Filed: 12/10/2024 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-6835
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGINALD LARUE SPIVEY, a/k/a Buddy,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at Washington. James C. Dever III, District Judge. (7:03-cr-00023-D-1)
Submitted: December 5, 2024 Decided: December 10, 2024
Before GREGORY and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Reginald Larue Spivey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6835 Doc: 5 Filed: 12/10/2024 Pg: 2 of 2
PER CURIAM:
Reginald Larue Spivey appeals the district court’s order denying his
18 U.S.C. § 3582(c)(1)(A) motions for compassionate release and his
18 U.S.C. § 3582(c)(2) motion
for reduction of sentence. We have reviewed the record and find no reversible error in the
district court’s denial of Spivey’s motions for compassionate release. See United States v.
Davis,
99 F.4th 647, 653-55, 657-59, 661 (4th Cir. 2024) (stating standard of review,
addressing determinations district court must make to grant relief, and addressing
parameters governing district court’s consideration of factors raised for relief). We also
find no reversible error in the district court’s denial of Spivey’s § 3582(c)(2) motion, which
sought a sentence reduction pursuant to Amendments 706, 750, and 782 to the U.S.
Sentencing Guidelines Manual. Because Spivey was sentenced as a career offender under
the Guidelines, these Amendments did not lower his applicable Guidelines range, and he
therefore is not eligible for a sentence reduction under § 3582(c)(2). We thus affirm the
district court’s order. United States v. Spivey, No. 7:03-cr-00023-D-1 (E.D.N.C. Aug. 7,
2024). 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
Reference
- Status
- Unpublished