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United States v. Smith

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 4, 2014
558 F. App'x 320 (4th Cir. 2014)

Opinion

No. 13-7714

03-04-2014

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY SMITH, Defendant - Appellant.

Bobby Smith, Appellant Pro Se. Kristine L. Fritz, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:09-cr-00238-BO-1) Before NIEMEYER, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Bobby Smith, Appellant Pro Se. Kristine L. Fritz, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Bobby Smith appeals the district court's order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. See United States v. Black, 737 F.3d 280, 287 (4th Cir. 2013) (holding that § 3582(c)(2) does not provide means to apply Fair Sentencing Act ("FSA") minimums to defendants sentenced before FSA's effective date); United States v. Blewett, __ F.3d __, 2013 WL 6231727, at *2 (6th Cir. Dec. 3, 2013) (en banc) (Nos. 12-5226, 12-5582) (holding that "(1) the [FSA]'s new mandatory minimums do not apply to defendants sentenced before it took effect; (2) § 3582(c)(2) does not provide a vehicle for circumventing that interpretation; and (3) the Constitution does not provide a basis for blocking it"). 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


Summaries of

United States v. Smith

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 4, 2014
558 F. App'x 320 (4th Cir. 2014)
Case details for

United States v. Smith

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY SMITH, Defendant…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Mar 4, 2014

Citations

558 F. App'x 320 (4th Cir. 2014)