US v. Carl Dean

Filing 920091021

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7105 UNITED STATES OF AMERICA, Plaintiff Appellee, v. CARL LAMONT DEAN, a/k/a Jermaine Dean, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:96-cr-00046-FDW-3) Submitted: October 15, 2009 Decided: October 21, 2009 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Carl Lamont Dean, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carl Lamont Dean appeals the district court's order denying his motion for reduction of sentence under 18 U.S.C. 3582(c)(2) (2006). Dean asserts that the district court erred by failing to reduce his sentence based on Amendment 706 to the Sentencing Guidelines. See U.S. Sentencing Guidelines Manual ("USSG") 2D1.1(c) (2007 & Supp. 2008), USSG App C, Amend. 706. "Amendment Guidelines [cocaine 706 . . . amended by reducing quantities the by 2D1.1 offense two of levels the Sentencing with v. associated United base] levels." States Hood, 556 F.3d 226, 232 (4th Cir. 2009), petition for cert. filed, ___U.S.L.W. ___ (U.S. Aug. 7, 2009) (No. 09-5868). Because of the statutorily-mandated minimum sentence to which Dean was subject, his Guidelines' imprisonment range was 240 to 293 months. He was sentenced to 240 months' imprisonment. On account of the statutory minimum, Amendment 706 did not have the effect of lowering Dean's Guidelines range. p.s., cmt. n.1(A). See USSG 1B1.10, Accordingly, a reduction in Dean's sentence We therefore affirm the is not authorized under 3582(c)(2). district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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