US v. Bobby Smith, No. 13-7714 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7714 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BOBBY SMITH, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:09-cr-00238-BO-1) Submitted: February 27, 2014 Decided: March 4, 2014 Before NIEMEYER, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Bobby Smith, Appellant Pro Se. Kristine L. Fritz, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bobby Smith appeals the district court s order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) (2012). error. United We have reviewed the record and find no reversible Accordingly, we affirm the district court s order. States v. Black, 737 F.3d 280, 287 (4th Cir. See 2013) (holding that § 3582(c)(2) does not provide means to apply Fair Sentencing Act ( FSA ) minimums to defendants sentenced before FSA s effective date); United States v. Blewett, __ F.3d __, 2013 WL 6231727, at *2 (6th Cir. Dec. 3, 2013) (en banc) (Nos. 12-5226, 12-5582) (holding that (1) the [FSA] s new mandatory minimums do not apply to defendants sentenced before it took effect; (2) § 3582(c)(2) does not provide a vehicle for circumventing that interpretation; and (3) the Constitution does not provide a basis for blocking it ). 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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