United States of America v. Daniel Ray Buie

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7392
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL RAY BUIE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, Chief District
Judge. (4:08-cr-00964-TLW-1)
Submitted: January 23, 2014 Decided: January 27, 2014
Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Daniel Ray Buie, 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Unpublished opinions are not binding precedent in this circuit.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:
Daniel Ray Buie appeals the district court’s order
denying his motion for a reduction in sentence pursuant to 18
U.S.C. § 3582(c)(2) (2012). We conclude that the district court
properly determined that Buie was ineligible for a sentence
reduction because his sentencing range was determined by his
career offender designation, rather than the crack cocaine
Guidelines. See U.S. Sentencing Guidelines Manual (“USSG”) App.
C, Guideline 759 (2011) (defining “applicable guideline range”
as “the guideline range that corresponds to the offense level
and criminal history category determined pursuant to [USSG]
§ 1B1.1(a), which is determined before consideration of any
departure provision in the Guidelines Manual or any variance”);
United States v. Munn, 595 F.3d 183, 187 (4th Cir. 2010).
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 this court and
argument would not aid the decisional process.
AFFIRMED

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