United States v. Richard Fulton ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-8121
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RICHARD L. FULTON, a/k/a Kevin, a/k/a Brandon B.
Washington, a/k/a Kev,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. James P. Jones, District
Judge. (5:01-cr-30075-JPJ-1)
Submitted: June 20, 2013 Decided: July 17, 2013
Before WILKINSON and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Richard L. Fulton, Appellant Pro Se. Ronald Mitchell Huber,
Assistant United States Attorney, Charlottesville, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Richard L. Fulton appeals from the district court’s
order denying his 18 U.S.C. § 3582 (2006) motion for reduction
of sentence pursuant to Amendment 750 to the Sentencing
Guidelines. Because Fulton’s original criminal judgment
specifically found him responsible for over twenty-five
kilograms of crack cocaine, the district court correctly ruled
that he is ineligible for a reduction in sentence. See U.S
Sentencing Guidelines Manual § 2D1.1(c)(1) (2012). In addition,
we find that Fulton’s allegations of procedural error
constitute, at most, harmless error. Accordingly, we affirm.
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.
AFFIRMED
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