US v. Dennis Harris, No. 12-6978 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6978 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DENNIS HARRIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:92-cr-00113-1) Submitted: September 27, 2012 Decided: October 2, 2012 Before MOTZ, DAVIS, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Dennis Harris, Appellant Assistant United States Appellee. Pro Se. Attorney, Laura Marie Everhart, Norfolk, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dennis Harris appeals the district court s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion to reduce his sentence pursuant Guidelines Manual to Amendment (2011). We 750 have to the U.S. reviewed the Sentencing record and conclude that the district court properly determined that Harris was not eligible for a sentence reduction because Amendment 750 did not lower his Guidelines range. To the extent that Harris reasserts the argument he raised in the district court regarding the calculation of the drug quantity attributable to him, that argument is foreclosed by Dillon v. United States, 130 S. Ct. 2683, 2693-94 (2010). Accordingly, we affirm for the reasons stated by the district court. See United States v. Harris, No. 2:92 cr 00113-1 (E.D. Va. filed May 10, 2012 & entered May 11, 2012). legal before 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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