United States of America v. Clifton Alvin Cleveland

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7544
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLIFTON ALVIN CLEVELAND,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, Chief District
Judge. (8:04-cr-00045-DKC-1; 8:04-cr-00568-DKC-1)
Submitted: December 20, 2012 Decided: December 27, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Paresh S. Patel, Thomas E.
Sarachan, Staff Attorneys, Greenbelt, Maryland, for Appellant.
Rod J. Rosenstein, United States Attorney, Barbara S. Sale,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clifton Alvin Cleveland appeals the district court’s
order granting his motion for reduction of sentence under 18
U.S.C. § 3582(c)(2) (2006). Although the district court granted
Cleveland’s § 3582 motion, the court did not reduce Cleveland’s
sentence to the full extent he requested. Cleveland contends
that his amended Guidelines range was lower than the reduction
he received because he argues that, under the Fair Sentencing
Act (“FSA”), he was no longer subject to a statutory mandatory
minimum five-year sentence for his 21 U.S.C. § 841 (2006)
offense. However, the FSA does not apply retroactively to
defendants, like Cleveland, who were sentenced before the FSA’s
effective date. United States v. Bullard, 645 F.3d 237, 248
(4th Cir.), cert. denied, 132 S. Ct. 356 (2011). Accordingly,
we affirm. 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

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