US v. Charron Butts, No. 12-7677 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7677 UNITED STATES OF AMERICA, Plaintiff Appellee, v. CHARRON BUTTS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda Wright Allen, District Judge. (2:01-cr-00155-AWA-1) Submitted: December 11, 2012 Decided: December 20, 2012 Before GREGORY, DUNCAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Charron Butts, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charron Butts appeals the district court s order denying relief on his 18 U.S.C. § 3582(c)(2) (2006) motion, in which Butts sought the benefit of Amendment 715 of the U.S. Sentencing Guidelines. * We affirm, but for a reason other than that of the district court. See Cochran v. Morris, 73 F.3d 1310, 1315 (4th Cir. 1996). Butts pled guilty to possession with intent to distribute 182.39 grams of cocaine base and a related firearm offense. involves Amendment cocaine substances. 715 base applies and one solely or when more a drug other offense controlled Accordingly, because Butts offense involved only cocaine base, Amendment 715 is inapplicable. Accordingly, the denial of Butts § 3582(c)(2) motion was proper. We therefore affirm. We dispense with oral 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 incorrectly stated that Butts sought relief under Amendment 750 of the Guidelines. 2
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