US v. Mario Smith, No. 11-6151 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6151 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MARIO MARKEYES SMITH, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:10-cr-00030-MSD-FBS-1) Submitted: June 28, 2011 Before KING and Circuit Judge. DAVIS, Decided: Circuit Judges, and July 13, 2011 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Mario Markeyes Smith, Appellant Pro Se. Sherrie Scott Capotosto, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Mario Markeyes Smith appeals from the district court s order dismissing without prejudice his 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction. Although the court did not Amendment address Sentencing Smith s claim Guidelines, we based upon conclude that the denial of relief was nevertheless proper. in accordance incorporated sentence with Amendment should the 2009 706. have been for reduced district the court s Guidelines, Smith s in to Smith was sentenced Sentencing As 706 light claim of which that the his Fair Sentencing Act of 2010, the district court properly found that the Act did not apply retroactively to his case. United States v. Bullard, ___ F.3d ___, ___ 2011 WL 1718894, at *9-*11 (4th Cir. May 6, 2011) (No. 09-5214). Accordingly, we affirm the We judgment of the district court. 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 2

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