The District Court for the Eastern District of North Carolina, Western Division denied the petitioner a reduction in his sentence under 3582 and Amendment 782 by deeming the petitioner as a "violent criminal" when in fact he had "non-violent drug offenses based upon his drug and alcohol issues and only 1 assault which occured between him and his family member".

Therefore, the question for the Court is whether the Court erred in deeming the petitioner as a "violent offender instead of a drug abuser" and then using the same reason to deem the petitioner as a threat to society and denying any reduction in his sentence?

Whether the court erred in deeming the petitioner as a 'violent offender' instead of a 'drug abuser' and using that as a reason to deny a sentence reduction