United States v. James Taylor

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7918

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAMES DARREN TAYLOR,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:94-cr-00040-FDW-4)

Submitted: January 17, 2013 Decided: January 23, 2013

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Darren Taylor, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Darren Taylor appeals the district court’s order

granting his motion for a sentence reduction filed pursuant to

18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and

conclude that the district court did not abuse its discretion by

not considering the current statutory sentence for Taylor’s

offense. See United States v. Goines, 357 F.3d 469, 478 (4th

Cir. 2004) (motion under § 3582(c) “is subject to the discretion

of the district court”). Thus, 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