US v. Robert Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:09-cr-00007-NKM-3. Copies to all parties and the district court/agency. [998863891]. Mailed to: Robert Davis. [12-6136]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6136

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT SOLOMON DAVIS,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg.
Norman K. Moon, Senior
District Judge. (6:09-cr-00007-NKM-3)

Submitted:

May 24, 2012

Before MOTZ and
Circuit Judge.

DAVIS,

Decided:

Circuit

Judges,

and

May 30, 2012

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Robert Solomon Davis, Appellant Pro Se. Craig Jon Jacobsen, I,
Assistant
United
States
Attorney,
Roanoke,
Virginia,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-6136

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Filed: 05/30/2012

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Solomon

appeals

PER CURIAM:
Robert

Davis

the

district

court’s

order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a
sentence reduction.
reversible error. *

We have reviewed the record and find no
Accordingly, we affirm for the reasons stated

by the district court.

United States v. Davis, No. 6:09-cr-

00007-NKM-3 (W.D. Va. Jan. 5, 2012).

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

*

To the extent Davis asks us to reconsider precedent
holding that the Fair Sentencing Act has no retroactive effect
for those sentenced prior to its effective date, we decline to
do so. See United States v. Rivers, 595 F.3d 558, 564 n.3 (4th
Cir. 2010) (“A panel of this court cannot overrule, explicitly
or implicitly, the precedent set by a prior panel of this
court.” (internal quotation marks and alteration omitted)).

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