US v. Keith Hopkins, No. 12-6732 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6732 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KEITH L. HOPKINS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (3:95-cr-00073-JRS-3) Submitted: August 27, 2012 Decided: September 11, 2012 Before MOTZ, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Keith L. Hopkins, Appellant Pro Se. Richard Daniel Cooke, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Keith L. Hopkins appeals the district court s order denying his motion § 3582(c)(2) (2006). for reduction of sentence, 18 U.S.C. In his motion, Hopkins sought the benefit of Amendment 750 of the Sentencing Guidelines, which reduced the offense cocaine. levels applicable to most offenses involving crack We affirm. Hopkins was held responsible for a quantity of cocaine base and heroin with a marijuana equivalency of 2407 kilograms, for a base offense level of 32. Manual § 2D1.1(c)(4) (1995). the following: obstruction firearm of See U.S. Sentencing Guidelines Two levels were added for each of possession, justice. His role total in the offense offense, level was and 38. Hopkins had seventeen criminal history points, placing him in criminal history category VI. His Guidelines range was 360 months-life. Hopkins qualified as a career offender. Because the statutory maximum for the offense was life in prison, see 21 U.S.C. § 841(b)(1)(A), his offense level as a career offender was 37. category See as a U.S.S.G. career § 4B1.1(b)(1). offender was Guidelines range was 360 months-life. VI, His and criminal his history corresponding Because his offense level under the Drug Quantity Table was greater than that calculated 2 under § 4B1.1, he was originally sentenced Quantity Table not as a career offender. Hopkins previously filed See a under the Drug § 4B1.1(b). § 3582(c)(2) motion, seeking the benefit of Amendment 706 of the Guidelines. district court denied relief, and we affirmed. We The observed that, under Amendment 706, it was Hopkins status as a career offender range. 360 that governed the determination of his Guidelines Because his Guidelines range as a career offender was months-life, Amendment did not range, Guidelines 706 and he have was the not effect of entitled to lowering his relief. United States v. Hopkins, 323 F. App x 218 (4th Cir. 2009). Under equivalency Amendment for cocaine 750, base, which Hopkins reduced is the marijuana responsible for a marijuana equivalency of about 797 kilograms, for a base offense level of 30. See U.S.S.G. § 2D1.1(c)(5). level with is However, 36, Hopkins a Guidelines career offender range His total offense of status 324-405 now months. governs the determination of his Guidelines range, so his Guidelines range is still 360 months-life. Because the Amendment did not have the effect of lowering Hopkins Guidelines range, the district court did not err in denying relief. § 3582(c)(2); U.S.S.G. § 1B1.10(a)(2)(B), p.s. 3 See 18 U.S.C. We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 4
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