United States v. Easter

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8371

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CLARENCE EASTER, a/k/a CJ,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:01-cr-00304-JRS-5)

Submitted: March 25, 2010 Decided: April 7, 2010

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Clarence Easter, Appellant Pro Se. Peter Sinclair Duffey, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Clarence Easter appeals the district court’s order

granting his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction

of sentence and asserts that he should have received the

specific reduction he sought. We have reviewed the record and

find no reversible error. Accordingly, we affirm. See U.S.

Sentencing Guidelines Manual § 1B1.10, p.s. (“The authorization

of such a discretionary reduction . . . does not entitle a

defendant to a reduced term of imprisonment as a matter of

right.”); see also United States v. Stewart, 595 F.3d 197, 204

(4th Cir. 2010) (declining to determine that defendant was

automatically entitled to a specific sentence reduction and

noting that discretion to evaluate the policy and circumstances

is vested in the district court). 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