United States v. Deveaux

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 4, 2009
• Docket: 08-7117
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7117

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LEROY MAURICE DEVEAUX, a/k/a Leroy Dover,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Cameron McGowan Currie, District Judge. (5:01-cr-00096-CMC-1)

Submitted: February 26, 2009 Decided: March 4, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leroy Maurice Deveaux, Appellant Pro Se. William Kenneth Witherspoon, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Leroy Maurice Deveaux appeals from the district

court’s orders granting his 18 U.S.C. § 3582(c)(2) (2006) motion

for reduction of sentence based on the crack cocaine amendments

to the Sentencing Guidelines and denying reconsideration. The

district court reduced Deveaux’s sentence to the minimum of the

amended Guidelines range. Deveaux asserts that the district

court erred in failing to further reduce his sentence.

Deveaux’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 orders. 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