Summary
stating that "because [the defendant] served his original sentence and is now confined on a sentence imposed on revocation of supervised release, he is not eligible for § 3582(c) relief"
Summary of this case from United States v. HardyOpinion
No. 12-7992
03-28-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEWAYNE L. CREWS, Defendant - Appellant.
Dewayne L. Crews, Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee.
UNPUBLISHED
Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. (6:03-cr-70047-NKM-1) Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Dewayne L. Crews, Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Dewayne L. Crews appeals the district court's order denying his § 3582(c)(2) motion for sentence reduction. However, because Crews served his original sentence and is now confined on a sentence imposed on revocation of supervised release, he is not eligible for § 3582(c)(2) relief. See U.S. Sentencing Guidelines Manual § 1B1.10, p.s., cmt. n.5(A) (2012) ("This section does not authorize a reduction in the term of imprisonment imposed upon revocation of supervised release."); United States v. Morales, 590 F.3d 1049, 1051 (9th Cir. 2010) (same). Accordingly, we affirm the district court's denial of relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED