US v. Young Dowell, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:04-cr-00066-1. Copies to all parties and the district court/agency. [998938302]. Mailed to: Young Dowell, Jr. [12-7157]

Appeal: 12-7157

Doc: 7

Filed: 09/14/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7157

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
YOUNG DOWELL, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:04-cr-00066-1)

Submitted:

September 11, 2012

Decided:

September 14, 2012

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Young Dowell, Jr., Appellant Pro Se.
Miller A. Bushong, III,
OFFICE OF THE UNITED STATES ATTORNEY, Beckley, West Virginia;
John J. Frail, Steven Loew, Assistant United States Attorneys,
Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-7157

Doc: 7

Filed: 09/14/2012

Pg: 2 of 2

PER CURIAM:
Young
denying

his

§ 3582(c)
eligible

Dowell,

motion

(2006).
for

a

Jr.,

appeals

for

a

The

district

reduction

sentence

under

a

district

reduction

court
the

found

recent

court

under

18

Dowell

amendments

order
U.S.C.

was

not

to

the

Sentencing Guidelines because his sentence was based not on a
quantity of crack cocaine, but on his career offender status.
We conclude that the district court did not abuse its discretion
denying

Dowell’s

motion

for

a

sentence

reduction.

United

States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating
standard

of

review).

court’s order.

Accordingly,

we

affirm

the

district

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