US v. Clifton Cleveland, No. 12-7544 (4th Cir. 2012)

Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7544 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CLIFTON ALVIN CLEVELAND, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, Chief District Judge. (8:04-cr-00045-DKC-1; 8:04-cr-00568-DKC-1) Submitted: December 20, 2012 Decided: December 27, 2012 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. James Wyda, Federal Public Defender, Paresh S. Patel, Thomas E. Sarachan, Staff Attorneys, Greenbelt, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Barbara S. Sale, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Clifton Alvin Cleveland appeals the district court s order granting his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). Although the district court granted Cleveland s § 3582 motion, the court did not reduce Cleveland s sentence to the full extent he requested. Cleveland contends that his amended Guidelines range was lower than the reduction he received because he argues that, under the Fair Sentencing Act ( FSA ), he was no longer subject to a statutory mandatory minimum five-year offense. sentence However, the FSA for his does 21 not U.S.C. apply § 841 (2006) retroactively to defendants, like Cleveland, who were sentenced before the FSA s effective date. United States v. Bullard, 645 F.3d 237, 248 (4th Cir.), cert. denied, 132 S. Ct. 356 (2011). we affirm. legal before We dispense with oral argument because the facts and contentions this Accordingly, court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.