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  • United States v. Willie Hill, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Willie Hill's motion to reduce his sentence. Hill pled guilty to conspiracy to possess crack cocaine and was sentenced to the mandatory minimum of 240 months in prison. The court held that because Hill's sentence was based on a statutory mandatory minimum rather than the sentencing guidelines, which were later amended, he was ineligible for a reduction of his sentence under 18 U.S.C. 3582(c)(2). The appellate court dispensed with oral arguments and affirmed the district court's judgment.

    Original Description:

    Filed: 2012-06-26 Precedential Status: Non-Precedential Docket: 12-6545

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Willie Hill's motion to reduce his sentence. Hill pled guilty to conspiracy to possess crack cocaine and was sentenced to the mandatory minimum of 240 months in prison. The court held that because Hill's sentence was based on a statutory mandatory minimum rather than the sentencing guidelines, which were later amended, he was ineligible for a reduction of his sentence under 18 U.S.C. 3582(c)(2). The appellate court dispensed with oral arguments and affirmed the district court's judgment.

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    1 views3 pages

    United States v. Willie Hill, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Willie Hill's motion to reduce his sentence. Hill pled guilty to conspiracy to possess crack cocaine and was sentenced to the mandatory minimum of 240 months in prison. The court held that because Hill's sentence was based on a statutory mandatory minimum rather than the sentencing guidelines, which were later amended, he was ineligible for a reduction of his sentence under 18 U.S.C. 3582(c)(2). The appellate court dispensed with oral arguments and affirmed the district court's judgment.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6545

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    WILLIE D. HILL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Arenda Wright Allen, District
    Judge. (2:08-cr-00204-AWA-FBS-2)

    Submitted:

    June 21, 2012

    Decided:

    June 26, 2012

    Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Willie D. Hill, Appellant Pro Se.


    Kevin Michael Comstock,
    Assistant United States Attorney, Cameron Rountree, Special
    Assistant
    United
    States
    Attorney,
    Norfolk,
    Virginia,
    for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Willie

    D.

    Hill

    appeals

    the

    district

    courts

    order

    denying his motion for reduction of sentence under 18 U.S.C.


    3582(c)(2) (2006).

    Following his guilty plea to conspiracy to

    possess with intent to distribute crack cocaine, in violation of


    21

    U.S.C.

    sentenced

    to

    846,
    the

    imprisonment. *
    statutorily

    841(a)(1),

    statutory
    Because

    mandated

    (b)(1)(A)

    mandatory

    Hills

    minimum,

    minimum

    sentence

    rather

    (2006),

    was

    than

    of

    Hill

    240

    based

    was

    months

    upon

    Guidelines

    the

    range

    that was subsequently lowered, he was ineligible for a reduction


    in sentence under 3582(c)(2).

    See United States v. Munn, 595

    F.3d 183, 187 (4th Cir. 2010) ([A] defendant who was convicted
    of

    crack

    offense

    but

    sentenced

    pursuant

    to

    mandatory

    statutory minimum sentence is ineligible for a reduction under


    3582(c)(2).) (citing United States v. Hood, 556 F.3d 226, 23536 (4th Cir. 2009)).
    Accordingly, we affirm the district courts judgment.
    We

    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    legal

    Hill was also sentenced to a consecutive sixty-month term


    of imprisonment for possession of a firearm in furtherance of a
    drug trafficking crime, in violation of 18 U.S.C. 924(c)(1), 2
    (2006).
    However, this sentence is not at issue in the instant
    appeal.

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    AFFIRMED

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