UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7672
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ERIC JAY MINOR,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:06-cr-00107-GEC-3)
Submitted: January 22, 2013 Decided: January 25, 2013
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eric Jay Minor, Appellant Pro Se. Ronald Andrew Bassford,
Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eric Jay Minor appeals the district court’s order
denying his
(c)(2) (2006) motion for reduction
in his sentence based on Amendment 750 to the U.S. Sentencing
Guidelines Manual (2010). We conclude that the district court
properly determined that Minor was ineligible for a sentence
reduction because the sentencing range for his crack cocaine
offense was determined by the applicable statutory mandatory
minimum, not a calculation of the drug quantity attributable to
Minor, and thus was not impacted by Amendment 750. See United
States v. Munn,
(4th Cir. 2010) (“[A]
defendant who was convicted of a crack offense but sentenced
pursuant to a mandatory statutory minimum sentence is ineligible
for a reduction under § 3582(c)(2).”). Accordingly, we affirm
the district court’s order. See United States v. Minor, No.
7:06-cr-00107-GEC-3 (W.D. Va. Sept. 11, 2012). 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
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