US v. Andre Green, No. 13-6028 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6028 UNITED STATES OF AMERICA, Plaintiff Appellee, v. ANDRE SHAWN GREEN, a/k/a Andre Greene, a/k/a Dre, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Margaret B. Seymour, Senior District Judge. (5:08-cr-00944-MBS-10) Submitted: February 26, 2013 Decided: March 1, 2013 Before MOTZ, WYNN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Andre Shawn Green, Appellant Pro Se. Stanley D. Ragsdale, John David Rowell, Assistant United States Attorneys, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Andre Shawn Green appeals the district court s order denying Green s sentence 18 U.S.C. reduction. Sentencing mandatory Act On ( FSA ) minimum term § 3582(c)(2) appeal, should to Green apply which he (2006) asserts to was motion for a that the the statutory originally sentenced lower Fair because his direct appeal was pending at the time the FSA became effective. However, as Green was sentenced prior to August 3, 2010, the effective date of the FSA, he is not entitled to application of the reduced penalties. See United States v. Bullard, 645 F.3d 237, 248-49 (4th Cir.), cert. denied 132 S. Ct. 356 (2011) (FSA does not apply retroactively to cases pending on direct appeal where defendant was sentenced prior to effective date of the Act). 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 2

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