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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7417
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:04-cr-00045-RLV-DCK-1)
Submitted:
Decided:
PER CURIAM:
Larry
Donnell
Williams
appeals
the
district
courts
Amendment
750
lowered
the
offense
levels
retroactively
applicable
by
Amendment
759.
See
USSG
The decision to
F.3d
183,
186
(4th
Cir.
2010)
(applying
abuse
of
it
fails
adequately
to
take
into
account
judicially
of
discretion
on
an
erroneous
factual
or
legal
premise.
the
sentence
erroneous
was
conclusion
that,
variance,
it
because
was
Williams
outside
the
original
advisory
disqualify
an
otherwise
eligible
defendant
from
See
USSG
for
1B1.10
cmt.
n.1(A)
(explaining
that
eligibility
Guidelines
amendment]
that
lowers
the
applicable
any
departure
provision
in
the
Guidelines
manual
or
any
variance).).
Accordingly,
denying
Williams
we
vacate
3582(c)(2)
the
motion
district
and
courts
remand
for
order
further