US v. Michael Cherry, No. 12-7297 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7297 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL ANTHONY CHERRY, a/k/a Pops, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:07-cr-00040-RLV-DSC-1) Submitted: December 13, 2012 Decided: December 18, 2012 Before MOTZ, WYNN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael Anthony Cherry, Appellant Pro Se. Steven R. Kaufman, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Anthony Cherry appeals a district court order denying his § 3582(c) eligible motion for The (2006). for a a district reduction sentence under reduction court the under found recent 18 Cherry U.S.C. was amendments not to the Sentencing Guidelines because his sentence was based, not on a quantity of crack cocaine, but on his career offender status. We conclude that the district court did not abuse its discretion in denying Cherry s motion for a sentence reduction. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating standard court s before review). order. counsel. legal of We Accordingly, deny Cherry s we affirm motion for the district appointment of We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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