US v. Richard Fulton, No. 12-8121 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-8121 UNITED STATES OF AMERICA, Plaintiff Appellee, v. RICHARD L. FULTON, Washington, a/k/a Kev, a/k/a Kevin, a/k/a Brandon B. Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. James P. Jones, District Judge. (5:01-cr-30075-JPJ-1) Submitted: June 20, 2013 Decided: July 17, 2013 Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Richard L. Fulton, Appellant Pro Se. Ronald Mitchell Huber, Assistant United States Attorney, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Richard L. Fulton appeals from the district court s order denying his 18 U.S.C. § 3582 (2006) motion for reduction of sentence pursuant Guidelines. to Because specifically found Amendment Fulton s him 750 to original responsible the Sentencing criminal for over judgment twenty-five kilograms of crack cocaine, the district court correctly ruled that he is ineligible for a reduction in sentence. Sentencing Guidelines Manual § 2D1.1(c)(1) (2012). we find that Fulton s allegations constitute, at most, harmless error. We dispense with oral argument of See U.S In addition, procedural error Accordingly, we affirm. because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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