United States v. Barnes

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-5134

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MARCEL BARNES, a/k/a Larry Kevin Brown,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (CR-94-52)

Submitted: July 19, 2006 Decided: August 1, 2006

Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Marcel Barnes, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Marcel Barnes appeals the district court’s order granting

his 28 U.S.C. § 3582(c)(2) (2000) motion and reducing his sentence

from life in prison to 360 months. We reject Barnes’ claim on

appeal that he can raise a challenge to his sentence under United

States v. Booker, 543 U.S. 220 (2005), in a § 3582(c)(2) motion.

See United States v. Moreno, 421 F.3d 1217, 1220-21 (11th Cir.

2005), cert. denied, 126 S. Ct. 1643 (2006). We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. United States v. Barnes,

No. CR-94-52 (E.D. Va. Nov. 4, 2005). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED

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