United States of America v. Bobby Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7714
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BOBBY SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:09-cr-00238-BO-1)
Submitted: February 27, 2014 Decided: March 4, 2014
Before NIEMEYER, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Bobby Smith, Appellant Pro Se. Kristine L. Fritz, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Bobby Smith appeals the district court’s order denying
his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2)
(2012). We have reviewed the record and find no reversible
error. Accordingly, we affirm the district court’s order. See
United States v. Black, 737 F.3d 280, 287 (4th Cir. 2013)
(holding that § 3582(c)(2) does not provide means to apply Fair
Sentencing Act (“FSA”) minimums to defendants sentenced before
FSA’s effective date); United States v. Blewett, __ F.3d __,
2013 WL 6231727, at *2 (6th Cir. Dec. 3, 2013) (en banc) (Nos.
12-5226, 12-5582) (holding that “(1) the [FSA]’s new mandatory
minimums do not apply to defendants sentenced before it took
effect; (2) § 3582(c)(2) does not provide a vehicle for
circumventing that interpretation; and (3) the Constitution does
not provide a basis for blocking it”). 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

-- 2 of 2 --