United States of America v. Young Dowell, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7157
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
YOUNG DOWELL, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:04-cr-00066-1)
Submitted: September 11, 2012 Decided: September 14, 2012
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Young Dowell, Jr., Appellant Pro Se. Miller A. Bushong, III,
OFFICE OF THE UNITED STATES ATTORNEY, Beckley, West Virginia;
John J. Frail, Steven Loew, Assistant United States Attorneys,
Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Young Dowell, Jr., appeals a district court order
denying his motion for a sentence reduction under 18 U.S.C.
§ 3582(c) (2006). The district court found Dowell was not
eligible for a reduction under the recent amendments to the
Sentencing Guidelines because his sentence was based not on a
quantity of crack cocaine, but on his career offender status.
We conclude that the district court did not abuse its discretion
denying Dowell’s motion for a sentence reduction. United
States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating
standard of review). 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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