US v. Edwin Reye, No. 10-7603 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7603 UNITED STATES OF AMERICA, Plaintiff Appellee, v. EDWIN ARNOLDO REYES, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:01-cr-00533-PJM-20) Submitted: May 6, 2011 Decided: May 25, 2011 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Edwin Arnoldo Reyes, Appellant Pro Assistant United States Attorney, Appellee. Se. Deborah A. Johnston, Greenbelt, Maryland, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edwin Arnoldo Reyes appeals from the district court s order denying his 18 U.S.C. § 3582 (2006) motion for reduction of sentence based Guidelines. We upon review Amendment 503 an granting order to the § 3582(c)(2) motion for abuse of discretion. Munn, 595 F.3d 183, 186 (4th Cir. 2010). or Sentencing denying a United States v. Under § 3582(c)(2), the district court may modify the term of imprisonment of a defendant who has been sentenced . . . based on a sentencing range that has subsequently been lowered. Here, Reyes sentencing range was not lowered, as Reyes was sentenced after the amendment in question became effective. inapplicable. court. legal before As such, § 3582 is Accordingly, we affirm the order of the district We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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