UNITED STATES v. SNEAD (2020)

Eddie Wayne Snead appeals from the district court's order denying his motions for reconsideration, for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), for a sentence reduction pursuant to a “Nunc Pro Tunc Judgment,” for abeyance, for error correction and a point level reduction, and for a sentence reduction pursuant to section 404(b) of the First Step Act of 2018 (FSA 2018), Pub. L. No. 115-391, 132 Stat. 5194, 5222. Snead confines his appeal to the district court's denial of a sentence reduction under the FSA 2018.

We have reviewed the record and find no reversible error. Because Snead was convicted of distribution of a quantity of powder cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 851, he was not convicted of a covered offense under the FSA 2018. See United States v. Gravatt, 953 F.3d 258, 263-64 (4th Cir. 2020). Snead thus was not eligible for a sentence reduction under the FSA 2018, and we affirm the district court's denial of relief on this basis. See United States v. Snead, No. 5:09-cr-00281-H-1, 2020 WL 2091065 (E.D.N.C. Apr. 30, 2020). 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:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.