US v. Joseph Pearson, No. 11-6025 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6025 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JOSEPH ROGER PEARSON, Defendant Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:08-cr-00818-HMH-1) Submitted: February 28, 2011 Decided: March 9, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Joseph Roger Pearson, Appellant Pro Se. William Jacob Watkins, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Joseph order Roger denying his Fair Sentencing 2372. Pearson appeals motion Act for 2010, Pub. of the district resentencing L. No. court s under 111-220, 124 the Stat. We have reviewed the record and find no reversible error. The Fair Sentencing Act, which increased the amounts of cocaine base that trigger the statutory minimum sentences at 21 U.S.C.A. § 841(b) (West 2006 & Supp. 2010), is not retroactive and is therefore inapplicable to Pearson s sentence. v. Diaz, 627 F.3d 930, 931 (2d Cir. See United States 2010) (per curiam); United States v. Brewer, 624 F.3d 900, 909 n.7 (8th Cir. 2010); United States v. Bell, 624 F.3d 803, 814 (7th Cir. 2010); United States v. Gomes, 621 F.3d 1343, 1346 (11th Cir. 2010) (per curiam); United States v. Carradine, 621 F.3d 575, 580 (6th Cir. 2010). Accordingly, United States Dec. 23, facts legal before affirm We the No. Pearson, 2010). and materials v. we dispense district 7:08-cr-00818-HMH-1 with oral argument contentions are adequately the and argument court court s (D.S.C. because presented would order. not the in the aid the decisional process. AFFIRMED 2

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