United States of America v. Bryant Everett Planter, a/k/a B.P.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6260
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BRYANT EVERETT PLANTER, a/k/a B.P.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Mark S. Davis, District
Judge. (2:10-cr-00168-MSD-FBS-1)
Submitted: June 7, 2012 Decided: June 13, 2012
Before DUNCAN, WYNN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Bryant Everett Planter, Appellant Pro Se. Laura Marie Everhart,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bryant Everett Planter appeals the district court’s
order denying his motion for a sentence reduction pursuant to 18
U.S.C. § 3582(c)(2) (2006). We have reviewed the record and
conclude that Planter is not eligible for a sentencing reduction
because Amendment 750 to the Sentencing Guidelines does not
lower his Guidelines range.* See § 3582(c)(2); U.S. Sentencing
Guidelines Manual (“USSG”) § 1B1.10; USSG App. C, Amendment 750
(effective Nov. 1, 2011). Accordingly, we affirm the district
court’s judgment. 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
* To the extent Planter’s motion challenged the factual
basis for his conviction and sentence, such claims are not
properly raised in a § 3582 motion. See United States v.
Stewart, 595 F.3d 197, 201 (4th Cir. 2010) (noting that § 3582
proceeding is “not considered a full resentencing by the
court”).

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