US v. Yvonne Fountain

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00013-MR-DLH-9 Copies to all parties and the district court/agency. [998960042]. Mailed to: Yvonne Fountain. [12-7461]

Appeal: 12-7461

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Filed: 10/16/2012

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7461

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
YVONNE MARIE FOUNTAIN,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:09-cr-00013-MR-DLH-9)

Submitted:

October 11, 2012

Decided:

October 16, 2012

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Yvonne Marie Fountain, Appellant Pro Se.
Thomas A. O’Malley,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina;
Amy Elizabeth Ray, Assistant United States Attorney, Jill
Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY,
Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-7461

Doc: 6

Filed: 10/16/2012

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PER CURIAM:
Yvonne
denying

her

Fountain

18

U.S.C.

appeals

the

§ 3582(c)(2)

district
(2006)

court’s

motion

order

based

on

Amendment 750 to the Guidelines, the Fair Sentencing Act of 2010
(“FSA”), Pub. L. No. 111-220, and United States v. Simmons, 649
F.3d 237 (4th Cir. 2011).
no reversible error.

We have reviewed the record and find

Because Fountain was sentenced in 2009,

prior to the effective date of the FSA, the FSA does not apply
to her sentence.

United States v. Bullard, 645 F.3d 237, 246-49

(4th Cir. 2011).

Simmons similarly provides no relief because

Fountain’s conviction was punishable by a term exceeding one
year.
dispense

See

649

with

F.3d
oral

at

239.

argument

Accordingly,
because

the

we

affirm.

facts

and

We
legal

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

2