US v. Bobby Gilyard, No. 13-7192 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7192 UNITED STATES OF AMERICA, Plaintiff Appellee, v. BOBBY MICHAEL GILYARD, a/k/a Big Mike, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:09-cr-00274-HMH-1) Submitted: September 24, 2013 Before NIEMEYER and Senior Circuit Judge. THACKER, Decided: Circuit Judges, October 4, 2013 and HAMILTON, Affirmed by unpublished per curiam opinion. Bobby Michael Gilyard, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bobby order denying Michael his 18 Gilyard U.S.C. appeals § the 3582(c)(2) district (2006) court s motion for reduction of sentence in which he sought relief under the Fair Sentencing Act of 2010 ( FSA ). We have reviewed the record and conclude that the district court properly determined Gilyard was not entitled to relief. See United States v. Bullard, 645 F.3d 237, 248 (4th Cir. 2011) (holding that the FSA does not apply retroactively date). to defendants Accordingly, we sentenced affirm. We prior to further its effective deny Gilyard s motions for abeyance and appointment of counsel. 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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