United States of America v. Dennis Harris

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6978
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DENNIS HARRIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr.,
Senior District Judge. (2:92-cr-00113-1)
Submitted: September 27, 2012 Decided: October 2, 2012
Before MOTZ, DAVIS, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dennis Harris, Appellant Pro Se. Laura Marie Everhart,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dennis Harris appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion to reduce his
sentence pursuant to Amendment 750 to the U.S. Sentencing
Guidelines Manual (2011). We have reviewed the record and
conclude that the district court properly determined that Harris
was not eligible for a sentence reduction because Amendment 750
did not lower his Guidelines range. To the extent that Harris
reasserts the argument he raised in the district court regarding
the calculation of the drug quantity attributable to him, that
argument is foreclosed by Dillon v. United States, 130 S. Ct.
2683, 2693-94 (2010). Accordingly, we affirm for the reasons
stated by the district court. See United States v. Harris, No.
2:92–cr–00113-1 (E.D. Va. filed May 10, 2012 & entered May 11,
2012). 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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