United States of America v. Megan Terrance Ramon White

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6231
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MEGAN TERRANCE RAMON WHITE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, Chief District
Judge. (4:05-cr-01127-TLW-1)
Submitted: September 13, 2016 Decided: September 16, 2016
Before TRAXLER, AGEE, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Megan Terrance Ramon White, Appellant Pro Se. Arthur Bradley
Parham, Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Megan Terrance Ramon White appeals the district court’s
order denying his motion for reduction of sentence under 18
U.S.C. § 3582(c) (2012). White seeks reduction of his sentence
pursuant to United States v. Hemingway, 734 F.3d 323 (4th Cir.
2013). The relief White seeks is unavailable under § 3582(c).
See United States v. Goines, 357 F.3d 469, 473 (4th Cir. 2004)
(noting that § 3582(c)(2) authorizes a “district court to reduce
the sentence imposed on a defendant who has been sentenced to a
term of imprisonment based on a sentencing range that has
subsequently been lowered by the Sentencing Commission pursuant
to 28 U.S.C. § 994(o)”); see also United States v. Moreno, 421
F.3d 1217, 1220 (11th Cir. 2005) (holding that new case law
cannot form the basis for a § 3582(c)(2) motion). Accordingly,
we affirm the order of the district court. We deny White’s
motion to file a successive 28 U.S.C. § 2255 (2012) motion as
unnecessary, given that White’s first § 2255 motion is still
pending in district court. 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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