Unpublished
Unpublished
No. 12-7580
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:06-cr-00022-RLV-CH-4)
Submitted:
Decided:
February 6, 2013
PER CURIAM:
Jeremiah
denial
(2006)
of
Lamar
sentence
pursuant
to
Guidelines Manual.
Teague
reduction
appeals
Amendment
under
750
the
18
to
district
U.S.C.
the
courts
3582(c)(2)
U.S.
Sentencing
We disagree.
pled
guilty
to
conspiracy
to
possess
with
three
substantive
responsible,
crack.
was
36,
for
sentencing
reduced
which
months.
involving
purposes,
crack.
for
1.7
He
was
held
kilograms
of
counts
gave
him
acceptance
of
responsibility
to
total
advisory
Guidelines
range
of
235-293
USSG
In
2009,
the
district
court
reviewed
United
concluded
that
sentencing.
In
Amendment
August
706
2012,
the
had
been
applied
district
at
court
his
reviewed
United States v.
The district court
Commission
Guidelines
amendment.
through
18
1B1.10(a)(1) (2012).
retroactively
U.S.C.
applicable
3582(c)(2);
see
USSG
base).
3-level
responsibility,
Teagues
revised
Because
in
he
was
With
criminal
reduction
total
history
required
minimum
offense
category
acceptance
level
VI,
was
his
of
31.
revised
sentence
3
for
is
greater
than
the
maximum
of
required
the
applicable
minimum
sentence
guideline
shall
be
range,
the
the
statutorily
guideline
sentence.
sentence
became
sentence
above
Thus, Teagues
the
amended
as
it
was
when
the
district
court
imposed
it.
The