United States v. Haynes

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6395

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LARRY LEE HAYNES,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Solomon Blatt, Jr., Senior District Judge. (5:95-cr-00064-SB-1)

Submitted: July 30, 2009 Decided: August 5, 2009

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Larry Lee Haynes, Appellant Pro Se. Sean Kittrell, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Larry Lee Haynes appeals the district court’s order

granting his motion for a sentence reduction under 18 U.S.C.

§ 3582(c)(2) (2006). Haynes relies on Amendment 706 to the

Sentencing Guidelines as the basis for his motion. See U.S.

Sentencing Guidelines Manual, App. C. Amend. 706. The district

court lowered Haynes’ sentence from 360 months to 292 months of

imprisonment, the bottom of his recalculated sentencing range

under the Amendment. Nonetheless, Haynes appeals. To the

extent Haynes seeks a sentence below his amended Guidelines

range, we deny relief based on our recent decision in United

States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009).

Accordingly, we affirm. 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