United States of America v. Smith, No. CR-94-1 E.D. Va. Apr. 1, 2003 , we further find that Amendment 640 to…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6600
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CARL ANTHONY SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (CR-94-1)
Submitted: July 2, 2003 Decided: July 17, 2003
Before WILKINSON, WILLIAMS, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Carl Anthony Smith, Appellant Pro Se. John Staige Davis, V, OFFICE
OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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2
PER CURIAM:
Carl Anthony Smith appeals the district court’s order denying
his motion for a reduction in sentence pursuant to 18 U.S.C. §
3582(c) (2000). We have reviewed the record and find no reversible
error. In addition to the reasoning of the district court, see
United States v. Smith, No. CR-94-1 (E.D. Va. Apr. 1, 2003), we
further find that Amendment 640 to U.S.S.G. § 2D1.1(a)(3) is a
substantive amendment and that the Sentencing Commission did not
intend that it be retroactively applied. Accordingly, we affirm
the district court’s order. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED

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