US v. Hilaria Rodriguez, No. 13-6149 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6149 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HILARIA RODRIGUEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:11-cr-00058-BR-1) Submitted: April 25, 2013 Before AGEE and Circuit Judge. WYNN, Circuit Decided: April 30, 2013 Judges, and HAMILTON, Senior Affirmed by unpublished per curiam opinion. Hilaria Rodriguez, 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 Unpublished opinions are not binding precedent in this circuit.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: Hilaria Rodriguez appeals the district court s order denying her 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction of sentence based on Dorsey v. United States, __ U.S. __, 132 S. Ct. 2321 (2012). Rodriguez was sentenced in December 2011, after passage of the Fair Sentencing Act of 2010 ( FSA ) and the amendments to the U.S. Sentencing Guidelines Manual promulgated in response to the FSA. Thus, as the district court concluded, Dorsey in is inapplicable this case, and entitled to a reduction in her sentence. Rodriguez is We therefore affirm the district court s order for the reasons stated there. United States v. Rodriguez, Nov. 13, 2012). facts and materials legal before No. not 5:11-cr-00058-BR-1 See (E.D.N.C. We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 2

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