United States v. Curry

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7180

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RAYMOND DONALD CURRY,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:04-cr-00045-JPB-1)

Submitted: March 17, 2009 Decided: March 20, 2009

Before TRAXLER, KING, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Brian Christopher Crockett, Assistant Federal Public Defender, Martinsburg, West Virginia, for Appellant. Paul Thomas Camilletti, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Raymond Donald Curry appeals a district court’s order

granting in part and denying in part his motion for a sentence

reduction under 18 U.S.C. § 3582(c) (2006) based on the crack

cocaine amendments to the Sentencing Guidelines. The district

court reduced Curry’s sentence to the minimum of the amended

Guidelines range. Curry asserts that the district court erred

in failing to further reduce his sentence. Curry’s argument is

foreclosed by this court’s 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