US v. Marcel Barnes, No. 12-6025 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6025 UNITED STATES OF AMERICA Plaintiff - Appellee v. MARCEL BARNES, a/k/a Larry Kevin Brown Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:94-cr-00052-RBS-3) Submitted: May 29, 2012 Decided: June 8, 2012 Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Marcel Barnes, Appellant Pro Se. Laura M. Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marcel Barnes appeals the district court s order denying his 18 U.S.C. § 3582(c) (2006) motion for reduction of sentence. 750 of In his motion, Barnes sought the benefit of Amendment the federal sentencing guidelines, which lowered offense levels for most offenses involving crack cocaine. Amendment applies U.S. retroactively. Manual § 1B1.10(c) (2011). Sentencing the The Guidelines We affirm. Barnes pled guilty in 1994 to conspiracy to distribute cocaine base, cocaine, and marijuana. for a marijuana equivalency of He was held responsible 495,976.59 kg. Barnes base offense level was 42. With adjustments for role in the offense, possession of a firearm, and acceptance of responsibility, his total offense level was 44. His criminal history category was V, and his Guidelines range was life. Barnes received a life sentence. Previously, Barnes filed a § 3582(c)(2) motion, seeking the benefit of Amendment 505 of the Guidelines, which lowered the top base offense level of the Drug Quantity Table from level 42 to level 38. Under Amendment 505, Barnes total offense level was reduced to 360 months-life (offense level 40, criminal history category V). The district court granted the motion and resentenced Barnes to 360 months in prison. 2 Under remains 38. Amendment See USSG 750, Barnes § 2D1.1(c)(1) base offense (2011). Guidelines range of 360 months-life is unchanged. Amendment 750 did not lower Barnes sentencing His level advisory Thus, because range, the district court did not abuse its discretion in denying Barnes motion. See 18 U.S.C. § 3582(c)(2); USSG § 1B1.10(a)(2)(B), p.s. We accordingly affirm. We dispense with oral argument because the facts and legal contentions are adequately set forth in the materials before the court and argument would not aid the decisional process. AFFIRMED 3
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