UNITED STATES OF AMERICA v. JAMES ELMER GROSS JR (2017)

James Elmer Gross, Jr., appeals the district court's order denying his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) (2012) and Amendment 782 to the Sentencing Guidelines. “We review a district court's decision to reduce a sentence under § 3582(c)(2) for abuse of discretion and its ruling as to the scope of its legal authority under § 3582(c)(2) de novo.” United States v. Muldrow, 844 F.3d 434, 437 (4th Cir. 2016). After reviewing the transcript from Gross' resentencing hearing, we conclude that the district court attributed to Gross one kilogram of heroin and five kilograms of cocaine and applied six levels of enhancements. See United States v. Gross, 199 F. App'x 219, 241 (4th Cir. 2006) (No. 03-4458). Applying Amendment 782 and the other enhancements used at resentencing, Gross' new Guidelines range is 188 to 235 months' imprisonment on the relevant counts of conviction. U.S. Sentencing Guidelines Manual §§ 2D1.1(c)(5), 2E1.1(c)(2), ch. 5, pt. A (sentencing table) (2014). Because the district court varied downward and sentenced Gross to 180 months' imprisonment on the relevant counts, Gross is not eligible for a sentencing reduction. See USSG § 1B1.10(b)(1), p.s. & cmt. n.1(A).

Accordingly, we deny Gross' motion to appoint counsel and affirm the district court's order. 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

PER CURIAM: