US v. Eleazar Teodoro-Basilio, No. 12-7587 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7587 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ELEAZAR TEODORO-BASILIO, a/k/a J. Eleazar Teodoro-Basilio, a/k/a Chelelo, a/k/a Huichol, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:02-cr-00094-FDW-1) Submitted: January 22, 2013 Decided: January 25, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Eleazar Teodoro-Basilio, Appellant Pro Se. Jill Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eleazar Teodoro-Basilio appeals the district court s order denying his motion for U.S.C. § 3582(c)(2) (2006). find no reversible Basilio s motion district court s error. for reduction sentence under 18 We have reviewed the record and Accordingly, appointment judgment. of We of we counsel deny dispense with and Teodoro- affirm oral the argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED The district court stated that Amendment 750 to the United States Sentencing Guidelines was inapplicable because TeodoroBasilio s offense did not involve crack cocaine. TeodoroBasilio was convicted of conspiracy to possess with intent to distribute and to distribute marijuana, cocaine, and cocaine base. However, for sentencing purposes, the court held him accountable for only marijuana and cocaine powder. Therefore, Amendment 750 did not apply to Teodoro-Basilio s case. 2

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