United States v. Antwain Carter

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7153

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANTWAIN O. CARTER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cr-00357-REP-1)

Submitted: September 11, 2012 Decided: September 14, 2012

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Antwain O. Carter, Appellant Pro Se. Michael Arlen Jagels, Special, Assistant United States Attorney, Stephen Wiley Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Antwain O. Carter appeals a district court order

denying his motion for a sentence reduction under 18 U.S.C.

§ 3582(c) (2006). The court denied the motion because the

Guidelines amendments did not lower Carter’s Guidelines sentence

because he was sentenced as a career offender. We conclude that

the district court did not abuse its discretion. United

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

standard of review). Accordingly, we affirm the district

court’s order. 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

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