United States of America v. Gregory Douglas Smith, a/k/a Binky

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6054
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GREGORY DOUGLAS SMITH, a/k/a Binky,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Michael F. Urbanski, District
Judge. (7:04-cr-00072-SGW-9)
Submitted: July 21, 2016 Decided: July 25, 2016
Before SHEDD, AGEE, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Christine Madeleine Lee, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Roanoke, Virginia, for Appellant. Thomas Linn Eckert, Craig Jon
Jacobsen, Donald Ray Wolthuis, Assistant United States
Attorneys, Rick A. Mountcastle, OFFICE OF THE UNITED STATES
ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gregory Douglas Smith appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) motion for sentence reduction
based on Amendment 782 to the U.S. Sentencing Guidelines Manual
(2014). We review a district court’s decision under
§ 3582(c)(2) for abuse of discretion, but conduct de novo review
of the court’s determination “as to the scope of its legal
authority.” United States v. Mann, 709 F.3d 301, 304 (4th Cir.
2013). We find no error in the district court’s conclusion that
Amendment 782 did not further reduce the Guidelines range
applicable to Smith’s narcotics conviction. Accordingly, we
affirm the district court’s order. See United States v. Smith,
No. 7:04–cr–00072–SGW-9 (W.D. Va. Jan. 4, 2016). 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

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