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    United States v. Tommy Bennett, JR., 4th Cir. (2013)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Tommy Lewis Bennett's appeal of the district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The Fourth Circuit affirms the district court's ruling, finding that Bennett was ineligible for a reduction because his sentence was based on a statutory mandatory minimum rather than a Guidelines provision that was subsequently amended. The court also denies Bennett's motions for appointment of counsel and transcripts.

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    United States v. Tommy Bennett, JR., 4th Cir. (2013)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Tommy Lewis Bennett's appeal of the district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The Fourth Circuit affirms the district court's ruling, finding that Bennett was ineligible for a reduction because his sentence was based on a statutory mandatory minimum rather than a Guidelines provision that was subsequently amended. The court also denies Bennett's motions for appointment of counsel and transcripts.

    Original Description:

    Filed: 2013-04-01 Precedential Status: Non-Precedential Docket: 12-7754

    Original Title

    United States v. Tommy Bennett, Jr., 4th Cir. (2013)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Tommy Lewis Bennett's appeal of the district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The Fourth Circuit affirms the district court's ruling, finding that Bennett was ineligible for a reduction because his sentence was based on a statutory mandatory minimum rather than a Guidelines provision that was subsequently amended. The court also denies Bennett's motions for appointment of counsel and transcripts.

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    26 views2 pages

    United States v. Tommy Bennett, JR., 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Tommy Lewis Bennett's appeal of the district court's denial of his motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The Fourth Circuit affirms the district court's ruling, finding that Bennett was ineligible for a reduction because his sentence was based on a statutory mandatory minimum rather than a Guidelines provision that was subsequently amended. The court also denies Bennett's motions for appointment of counsel and transcripts.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-7754

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TOMMY LEWIS BENNETT, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    N. Carlton Tilley,
    Jr., Senior District Judge. (1:08-cr-00369-NCT-2)

    Submitted:

    March 28, 2013

    Decided:

    April 1, 2013

    Before NIEMEYER, KING, and KEENAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Tommy Lewis Bennett, Jr., Appellant Pro Se.


    Angela Hewlett
    Miller, Assistant United States Attorney, Greensboro, North
    Carolina; Paul Alexander Weinman, OFFICE OF THE UNITED STATES
    ATTORNEY, Winston-Salem, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tommy Lewis Bennett, Jr., appeals the district courts
    order denying his 18 U.S.C. 3582(c)(2) (2006) motion for a
    sentence reduction based on Amendment 750 to the crack cocaine
    Sentencing Guidelines.

    We review the district courts decision

    for abuse of discretion; however, [w]e review de novo . . . a


    courts conclusion on the scope of its legal authority under
    3582(c)(2).
    Cir.

    2010).

    United States v. Munn, 595 F.3d 183, 186 (4th


    Because

    Bennetts

    sentence

    was

    not

    based

    on

    Guidelines provision that was subsequently amended, Bennett is


    ineligible for a reduction via 3582(c)(2).
    ([A]

    defendant

    who

    was

    convicted

    of

    See id. at 187

    crack

    offense

    but

    sentenced pursuant to a mandatory statutory minimum sentence is


    ineligible for a reduction under 3582(c)(2).) (citing United
    States

    v.

    Hood,

    556

    F.3d

    226,

    23536

    (4th

    Cir.

    2009)).

    Accordingly, we affirm for the reasons stated by the district


    court.

    United

    (M.D.N.C.

    Sept.

    States
    25,

    v.

    2012).

    Bennett,
    We

    deny

    No.

    1:08-cr-00369-NCT-2

    Bennetts

    motions

    for

    appointment of counsel and provision of transcripts.


    We dispense with oral argument because the facts and
    legal
    before

    contentions
    this

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    AFFIRMED
    2

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