United States of America v. Mark Bellamy, a/k/a Big Mark

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7382
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARK BELLAMY, a/k/a Big Mark,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Senior District
Judge. (4:03-cr-00474-CWH-3)
Submitted: October 15, 2009 Decided: October 22, 2009
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mark Bellamy, Appellant Pro Se. Alfred William Walker Bethea,
Jr., Assistant United States Attorney, Florence, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Mark Bellamy appeals a district court order denying
his motion for a sentence reduction filed under 18 U.S.C.
§ 3582(c) (2006). We affirm.
The legal interpretations of the Sentencing Guidelines
and the amendments are reviewed de novo. Factual findings are
reviewed for clear error. See United States v. Turner, 59 F.3d
481, 483-84 (4th Cir. 1995). This court reviews the denial of a
motion for a reduction in the sentence under § 3582(c)(2) for
abuse of discretion. United States v. Goines, 357 F.3d 469, 478
(4th Cir. 2004).
We find the district court did not err in concluding
that at sentencing Bellamy was held responsible for more than
4.5 kilograms of crack cocaine. Thus, he was not eligible for a
sentence reduction under Amendment 706. 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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