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    United States v. Jabbaar Fareed, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jabbaar Fareed's motion to reduce his sentence. The appellate court found that: (1) Fareed did not raise the issue in his appeal before the district court; (2) the basis for further reduction could not be pursued through a Section 3582 motion; and (3) the Fair Sentencing Act of 2010 does not apply retroactively to offenders sentenced before its enactment. The appellate court therefore affirmed the district court's order denying Fareed's motion for a sentence reduction.

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    United States v. Jabbaar Fareed, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jabbaar Fareed's motion to reduce his sentence. The appellate court found that: (1) Fareed did not raise the issue in his appeal before the district court; (2) the basis for further reduction could not be pursued through a Section 3582 motion; and (3) the Fair Sentencing Act of 2010 does not apply retroactively to offenders sentenced before its enactment. The appellate court therefore affirmed the district court's order denying Fareed's motion for a sentence reduction.

    Original Description:

    Filed: 2011-07-22 Precedential Status: Non-Precedential Docket: 11-6127

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jabbaar Fareed's motion to reduce his sentence. The appellate court found that: (1) Fareed did not raise the issue in his appeal before the district court; (2) the basis for further reduction could not be pursued through a Section 3582 motion; and (3) the Fair Sentencing Act of 2010 does not apply retroactively to offenders sentenced before its enactment. The appellate court therefore affirmed the district court's order denying Fareed's motion for a sentence reduction.

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    United States v. Jabbaar Fareed, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jabbaar Fareed's motion to reduce his sentence. The appellate court found that: (1) Fareed did not raise the issue in his appeal before the district court; (2) the basis for further reduction could not be pursued through a Section 3582 motion; and (3) the Fair Sentencing Act of 2010 does not apply retroactively to offenders sentenced before its enactment. The appellate court therefore affirmed the district court's order denying Fareed's motion for a sentence reduction.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6127

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JABBAAR FAREED,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. James A. Beaty, Jr.,
    Chief District Judge. (1:07-cr-00130-JAB-1)

    Submitted:

    June 30, 2011

    Before MOTZ and


    Circuit Judge.

    DAVIS,

    Decided:

    Circuit

    Judges,

    and

    July 22, 2011

    HAMILTON,

    Senior

    Affirmed by unpublished per curiam opinion.

    Jabbaar Fareed, Appellant Pro Se.


    Robert Michael
    Assistant United States Attorney, Greensboro, North
    for Appellee.

    Hamilton,
    Carolina,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jabbaar
    granting

    him

    Fareed
    reduction

    3582(c)(2) (2006).

    appeals
    of

    the

    sentence

    district
    pursuant

    courts
    to

    18

    order
    U.S.C.

    Finding no merit in Fareeds appeal, we

    affirm.
    First,

    the

    record

    does

    not

    demonstrate

    that

    Fareed

    raised the issue his seeks to appeal before the district court.
    Such

    issues

    consideration.
    1993).

    generally

    are

    not

    amenable

    to

    appellate

    Muth v. United States, 1 F.3d 246, 250 (4th Cir.

    Second, Fareeds basis for further reduction of sentence

    could not properly be pursued through a motion brought under 18


    U.S.C. 3582(c)(2).

    Lastly, the Fair Sentencing Act of 2010

    does not apply retroactively to offenders, like Fareed, who were


    sentenced before its enactment.

    United States v. Bullard,

    F.3d

    , No. 09-5214, 2011 WL 1718894, at *10 (4th Cir. May 6,

    2011).

    Accordingly, we affirm the district courts order.

    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    AFFIRMED

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