Opinion
No. 12-6136
05-30-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT SOLOMON DAVIS, Defendant - Appellant.
Robert Solomon Davis, Appellant Pro Se. Craig Jon Jacobsen, I, 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UNPUBLISHED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. (6:09-cr-00007-NKM-3)
Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Robert Solomon Davis, Appellant Pro Se. Craig Jon Jacobsen, I, Assistant United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Robert Solomon Davis appeals the district court's order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a sentence reduction. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Davis, No. 6:09-cr-00007-NKM-3 (W.D. Va. Jan. 5, 2012). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
To the extent Davis asks us to reconsider precedent holding that the Fair Sentencing Act has no retroactive effect for those sentenced prior to its effective date, we decline to do so. See United States v. Rivers, 595 F.3d 558, 564 n.3 (4th Cir. 2010) ("A panel of this court cannot overrule, explicitly or implicitly, the precedent set by a prior panel of this court." (internal quotation marks and alteration omitted)).
AFFIRMED