U.S. v. BAPTISTE, 11-7077 (4th Cir. 10-18-2011)
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. HARRY RAMONE BAPTISTE,Defendant-Appellant.
No. 11-7077.United States Court of Appeals, Fourth Circuit.Submitted: October 13, 2011.
Decided: October 18, 2011.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge (5:99-cr-00059-RLV-1).
Before SHEDD, AGEE, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Harry Ramone Baptiste, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.Page 2
PER CURIAM:
Harry Ramone Baptiste appeals a district court order denying his motion for a sentence reduction under18 U.S.C. ยง 3582(c) (2006). We affirm. Because the amendment in question did not lower Baptiste's Guidelines sentence, we find the district did not abuse its discretion denying the motion.United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating standard of review). 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 the court and argument would not aid the decisional process.
AFFIRMEDPage 1