United States v. Brannon

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 24, 2009
• Docket: 08-7306
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7306

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MICHAEL C. BRANNON,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., District Judge. (7:98-cr-00637-HMH-2)

Submitted: February 19, 2009 Decided: February 24, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael C. Brannon, Appellant Pro Se. James D. Galyean, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Michael C. Brannon appeals from the district court’s

order granting in part his 18 U.S.C. § 3582(c)(2) (2006) motion

for reduction of sentence based on the crack cocaine amendments

to the Sentencing Guidelines. The district court reduced

Brannon’s sentence to the minimum of the amended Guidelines

range. Brannon asserts that the district court erred in failing

to further reduce his sentence. Brannon’s argument is

foreclosed by our decision in United States v. Dunphy, 551 F.3d

247 (4th Cir. 2009). Accordingly, we affirm the district

court’s order. 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