US v. Kareem Thompson

Filing 920090429

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7037

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KAREEM R. THOMPSON, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., Senior District Judge. (6:98-cr-00207-GRA-1)

Submitted:

April 23, 2009

Decided:

April 29, 2009

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kareem R. Thompson, Appellant Pro Se. Harold Watson Gowdy, III, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kareem R. Thompson appeals the district court's order denying his motion for modification of sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). court erred by failing to Thompson argues that the district reduce his sentence based upon

Amendment 706 of the Guidelines.

See U.S. Sentencing Guidelines

Manual § 2D1.1(c) (2007 & Supp. 2008); USSG App. C Amend. 706. As we recently observed, "Amendment 706 . . . amended § 2D1.1 of the Sentencing Guidelines by reducing the offense levels United

associated with crack cocaine quantities by two levels." States v. Hood, 556 F.3d 226, 232 (4th Cir. 2009).

Thompson's

sentence was determined by the career offender guideline, USSG § 4B1.1, and was not based on a sentencing range lowered by the amendment. sentence The fact that the district court reduced Thompson's under Fed. R. Crim. P. 35 is irrelevant to the

applicability of Amendment 706.

Id. at 234.

Accordingly, we We dispense with contentions the court are and

affirm the decision of the district court. oral argument because in the the facts and legal

adequately

presented

materials

before

argument would not aid the decisional process. AFFIRMED

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