US v. Jimmy Edwards, Jr., No. 12-7912 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7912 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JIMMY EDWARDS, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever, III, Chief District Judge. (7:07-cr-00011-D-1) Submitted: March 28, 2013 Decided: April 1, 2013 Before NIEMEYER, KING, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Jimmy Edwards, Jr., Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jimmy Edwards, Jr., appeals from the district court s order denying his motion for a sentence departure under U.S. Sentencing Guidelines Manual § 5H1.11 (2012). sentenced in 2007, his motion is untimely. extent Edwards relies upon Amendment 739 As Edwards was In addition, to the to the Guidelines (amending § 5H1.11 in 2010), this amendment has not been made retroactively applicable. we affirm. legal before Accordingly, We dispense with oral argument because the facts and contentions this See USSG § 1B1.10(c). court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2