United States of America v. Mario Markeyes Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6151
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MARIO MARKEYES SMITH,
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-00030-MSD-FBS-1)
Submitted: June 28, 2011 Decided: July 13, 2011
Before KING and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Mario Markeyes Smith, Appellant Pro Se. Sherrie Scott
Capotosto, Assistant United States Attorney, Norfolk, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Mario Markeyes Smith appeals from the district court’s
order dismissing without prejudice his 18 U.S.C. § 3582(c)(2)
(2006) motion for a sentence reduction. Although the court did
not address Smith’s claim based upon Amendment 706 to the
Sentencing Guidelines, we conclude that the district court’s
denial of relief was nevertheless proper. Smith was sentenced
in accordance with the 2009 Sentencing Guidelines, which
incorporated Amendment 706. As for Smith’s claim that his
sentence should have been reduced in light of the Fair
Sentencing Act of 2010, the district court properly found that
the Act did not apply retroactively to his case. United
States v. Bullard, ___ F.3d ___, ___ 2011 WL 1718894, at *9-*11
(4th Cir. May 6, 2011) (No. 09-5214). Accordingly, we affirm
the judgment of the district court. 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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