Filed: Oct. 27, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7245 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL MALONE ROSENBURGH, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:06-cr-00641-HMH-1) Submitted: October 20, 2009 Decided: October 27, 2009 Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and HAMILTON, Senior Circuit Judge. Affirmed by
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7245 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL MALONE ROSENBURGH, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:06-cr-00641-HMH-1) Submitted: October 20, 2009 Decided: October 27, 2009 Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and HAMILTON, Senior Circuit Judge. Affirmed by u..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7245
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL MALONE ROSENBURGH,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior
District Judge. (7:06-cr-00641-HMH-1)
Submitted: October 20, 2009 Decided: October 27, 2009
Before TRAXLER, Chief Judge, NIEMEYER, Circuit Judge, and
HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael Malone Rosenburgh, Appellant Pro Se. Regan Alexandra
Pendleton, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Malone Rosenburgh appeals the district court’s
order denying his motion for a sentence reduction under 18
U.S.C. § 3582(c)(2) (2006). The district court found Rosenburgh
was not eligible for a reduction under U.S. Sentencing
Guidelines Manual App. C. Amend. 706 (2007), which lowered the
base offense levels for drug offenses involving cocaine base.
Because Rosenburgh was sentenced on the basis of his status as a
career offender, he was not entitled to a reduction pursuant to
Amendment 706, so the district court did not abuse its
discretion in denying Rosenburgh's motion. See 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.
AFFIRMED
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