UNITED STATES of America, Appellee, v. Gary WILLIAMS, Defendant-Appellant, 464 F. App'x 39

SUMMARY ORDER Appellant Gary Williams, proceeding pro se, appeals from the district court’s order denying his motion to reduce his sentence pursuant to 18 U.S.C. § 8582(c)(2) and Amendment 484 to the United States Sentencing Guidelines. Williams has abandoned his claim based on Amendment 489. See LoSacco v. City of Middletown, 71 F.3d 88, 92-93 (2d Cir.1995) (claim not raised in appellate brief is deemed abandoned). We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

This Court reviews de novo a district court’s determination as to whether the defendant’s sentence was based on a sentencing range that was subsequently lowered by the Sentencing Commission. See United States v. Williams, 551 F.3d 182, 185 (2d Cir.2009).

Section 3582 provides that a district court may reduce a term of imprisonment “after considering the factors set forth in

section 3553(

a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). Upon review, we conclude that Williams’s appeal is without merit substantially for the reasons articulated by the district court in its order. See United States v. Williams, No. 96-cr-938, Docket Entry No. 128 (E.D.N.Y. Aug. 26, 2010). Accordingly, the order of the district court is hereby AFFIRMED.