Opinion
No. 20-6774
10-27-2020
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EDDIE WAYNE SNEAD, Defendant - Appellant.
Eddie Wayne Snead, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:09-cr-00281-H-1) Before WYNN, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Eddie Wayne Snead, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Eddie Wayne Snead appeals from the district court's order denying his motions for reconsideration, for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), for a sentence reduction pursuant to a "Nunc Pro Tunc Judgment," for abeyance, for error correction and a point level reduction, and for a sentence reduction pursuant to section 404(b) of the First Step Act of 2018 (FSA 2018), Pub. L. No. 115-391, 132 Stat. 5194, 5222. Snead confines his appeal to the district court's denial of a sentence reduction under the FSA 2018.
We have reviewed the record and find no reversible error. Because Snead was convicted of distribution of a quantity of powder cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 851, he was not convicted of a covered offense under the FSA 2018. See United States v. Gravatt, 953 F.3d 258, 263-64 (4th Cir. 2020). Snead thus was not eligible for a sentence reduction under the FSA 2018, and we affirm the district court's denial of relief on this basis. See United States v. Snead, No. 5:09-cr-00281-H-1 (E.D.N.C. Apr. 30, 2020). 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