US v. Anthony Olvis, No. 12-7006 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7006 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY L. OLVIS, a/k/a Tony, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (4:95-cr-00038-RGD-1) Submitted: November 2, 2012 Decided: November 7, 2012 Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony L. Olvis, Appellant Pro Se. Robert Edward Bradenham, II, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Anthony L. Olvis appeals the district court s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion to reduce his sentence Guidelines pursuant to Manual Amendment (2011). We 750 have to the reviewed U.S. the Sentencing record and conclude that the district court properly determined that Olvis was not eligible for a sentence reduction because Amendment 750 did not lower his Guidelines range. reasserts the arguments he To the extent that Olvis raised in the district court regarding the calculation of the drug quantity attributable to him, those arguments are 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. Olvis, No. 4:95 cr 00038-RGD-1 (E.D. Va. filed May 9, 2012 & entered May 10, 2012). We 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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