US v. Andre Green

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:08-cr-00944-MBS-10. Copies to all parties and the district court/agency. [999054475]. Mailed to: Andre Green. [13-6028]

Appeal: 13-6028

Doc: 7

Filed: 03/01/2013

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6028

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANDRE SHAWN GREEN, a/k/a Andre Greene, a/k/a Dre,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
Margaret B. Seymour, Senior
District Judge. (5:08-cr-00944-MBS-10)

Submitted:

February 26, 2013

Decided: March 1, 2013

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andre Shawn Green, Appellant Pro Se. Stanley D. Ragsdale, John
David Rowell, Assistant United States Attorneys, Columbia, South
Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-6028

Doc: 7

Filed: 03/01/2013

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PER CURIAM:
Andre Shawn Green appeals the district court’s order
denying

Green’s

sentence

18

U.S.C.

reduction.

Sentencing
mandatory

Act

On

(“FSA”)

minimum

term

§ 3582(c)(2)

appeal,
should
to

Green

apply

which

he

(2006)
asserts

to
was

motion

for

a

that

the

the

statutory

originally

sentenced

lower

Fair

because his direct appeal was pending at the time the FSA became
effective.

However, as Green was sentenced prior to August 3,

2010, the effective date of the FSA, he is not entitled to
application

of

the

reduced

penalties.

See

United

States

v.

Bullard, 645 F.3d 237, 248-49 (4th Cir.), cert. denied 132 S.
Ct.

356

(2011)

(FSA

does

not

apply

retroactively

to

cases

pending on direct appeal where defendant was sentenced prior to
effective date of the Act).

We dispense with oral argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.

AFFIRMED

2