US v. Eric Minor, No. 12-7672 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7672 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ERIC JAY MINOR, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:06-cr-00107-GEC-3) Submitted: January 22, 2013 Decided: January 25, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Eric Jay Minor, Appellant Pro Se. Assistant United States Attorney, Appellee. Ronald Andrew Bassford, Roanoke, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eric Jay Minor appeals the district court s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction in his sentence based on Amendment 750 to the U.S. Sentencing Guidelines Manual (2010). We conclude that the district court properly determined that Minor was ineligible for a sentence reduction because the sentencing range for his crack cocaine offense was determined by the applicable statutory mandatory minimum, not a calculation of the drug quantity attributable to Minor, and thus was not impacted by Amendment 750. States v. Munn, 595 F.3d 183, 187 (4th Cir. See United 2010) ( [A] defendant who was convicted of a crack offense but sentenced pursuant to a mandatory statutory minimum sentence is ineligible for a reduction under § 3582(c)(2). ). the district court s order. Accordingly, we affirm See United States v. Minor, No. 7:06-cr-00107-GEC-3 (W.D. Va. Sept. 11, 2012). We dispense with oral legal contentions are before this and argument adequately because presented in the the facts and materials court argument would not aid the decisional process. AFFIRMED 2
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