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No. 12-6289
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:07-cr-01014-JFA-4)
Submitted:
June 5, 2012
Decided:
PER CURIAM:
Delvin Roe appeals the district courts order denying
his motion for a reduction of sentence pursuant to 18 U.S.C.
3582(c)(2) (2006).
18
U.S.C.
3582(c)(2)
motion
for
an
abuse
of
discretion.
United States v. Stewart, 595 F.3d 197, 200 (4th Cir. 2010).
We
affirm.
In
agreement,
2009,
Roe
one
count
to
pleaded
of
guilty,
pursuant
participating
in
to
plea
conspiracy
to
advisory
months
but
for
twenty years.
the
Guidelines
statutory
would
have
188
235
On
substantial
assistance
Sentencing
Commissions
the
district
departure
Guidelines
under
minimum
to
of
motion,
mandatory
been
sentence
Governments
the
range
court
granted
the
United
Manual
(USSG)
Roe
States
5K1.1
Guidelines
The district
court found that Amendment 750 did not affect Roe because Roes
2
Guidelines
calculation
was
made
based
on
the
twenty-year
appeal,
Roe
contends
that
he
is
eligible
for
Section
of
defendant
who
has
been
sentenced
based
on
sentence
falls
below
the
original
guideline
range,
Id.
reduction
that
is
comparably
less
than
the
for
the
mandatory
minimum,
reality
Amendment
that
750
his
because
Guidelines
of
the
3
Amendment
750
would
was
mandatory
not
affected
minimum
by
sentence.
with
oral
argument
because
the
facts
and
We
legal