US v. Dewayne Crews, No. 12-7992 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7992 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DEWAYNE L. CREWS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. (6:03-cr-70047-NKM-1) Submitted: March 26, 2013 Decided: March 28, 2013 Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Dewayne L. Crews, Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dewayne L. Crews appeals the district court s order denying his § 3582(c)(2) motion for sentence reduction. However, because Crews served his original sentence and is now confined on a sentence imposed on revocation of release, he is not eligible for § 3582(c)(2) relief. supervised See U.S. Sentencing Guidelines Manual § 1B1.10, p.s., cmt. n.5(A) (2012) ( This section does not authorize a reduction in the term of imprisonment imposed upon revocation of supervised release. ); United States v. Morales, 590 F.3d 1049, 1051 (9th Cir. 2010) (same). Accordingly, we affirm the district court s denial of relief. We dispense with oral argument because the facts and legal before contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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