Académique Documents
Professionnel Documents
Culture Documents
No. 12-7327
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:09-cr-00055-HEH-1)
Submitted:
Decided:
PER CURIAM:
Adrian Lamont Benniefield appeals the district courts
order
denying
his
18
U.S.C.
3582(c)(2)
(2006)
motion
for
on
district
courts
decision
whether
to
reduce
sentence
scope
of
United States
its
v.
legal
Munn,
authority
595
F.3d
183,
under
186
that
provision.
(4th
Cir.
2010).
fifty
grams
or
more
of
cocaine
base,
in
violation
of
Benniefield
sentence
ninety-six
months
imprisonment
reduced
the
mandatory
minimum
sentences
If Benniefield had
been sentenced under the FSA, he would not have been subject to
the 120-month mandatory minimum, and the Guidelines amendment
could
months.
reduce
his
United
amended
States
Guidelines
v.
Stewart,
2
range
595
below
F.3d
ninety-six
197,
201-04
FSA
does
Benniefield,
States v.
not
apply
were
retroactively
sentenced
Bullard,
before
645 F.3d
237,
reduction
Benniefield
is
eligible
benefit
revised
to
penalty
not
in
within
from
provisions
to
its
who,
enactment.
246-49
(4th
like
United
Cir.),
cert.
2011
alter
the
class
the
offenders
FSA.
do
not
our
of
conclusion
offenders
Thus,
apply
because
to
that
who
the
are
FSAs
Benniefield,
the
with
oral
we
affirm
argument
the
district
because
the
courts
facts
and
order.
legal
AFFIRMED