US v. Donnie Howell

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:94-cr-00056-H-1 Copies to all parties and the district court/agency. [998438855] [10-6803]

US v. Donnie Howell

Doc. 0

Case: 10-6803 Document: 9

Date Filed: 10/05/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6803 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONNIE KEITH HOWELL, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (3:94-cr-00056-H-1) Submitted: September 28, 2010 Decided: October 5, 2010

Before WILKINSON, SHEDD, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Donnie Keith Howell, Appellant Pro Se. Jennifer P. May-Parker, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

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Case: 10-6803 Document: 9

Date Filed: 10/05/2010

Page: 2

PER CURIAM: Donnie Keith Howell appeals the district court's

orders denying his motion for modification of sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006) and denying his motion for reconsideration. failing to Howell argues that the district court erred by his sentence App. based C. upon U.S. Sentencing which

reduce Manual

Guidelines

("USSG")

Amend.

706

(2007),

lowered the offense level for sentences involving crack cocaine. Howell's sentence was determined by the career offender

guideline and was not based on a sentencing range lowered by the amendment. Cir. 2009). dispense See United States v. Hood, 556 F.3d 226, 232 (4th Accordingly, we affirm district court's orders. oral argument because the facts and We

with

legal

contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED

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