United States v. Jeffrey

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 4, 2009
• Docket: 08-6924
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6924

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ROBERT LARRY JEFFREY, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:98-cr-00145-HCM-5)

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

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Larry Jeffrey, Jr., Appellant Pro Se. Scott W. Putney, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Robert Larry Jeffrey, Jr., appeals the district

court’s order granting his motion for reduction of sentence

pursuant to 18 U.S.C. § 3582(c) (2006). Jeffrey argues that the

district court erred by not conducting a full resentencing. We

have reviewed the record and find no reversible error.

Accordingly, we affirm. United States v. Jeffrey, No. 2:98-cr-

00145-HCM-5 (E.D. Va. filed May 14; entered May 21, 2008); see

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

(“When a sentence is within the guidelines applicable at the

time of the original sentencing, in an 18 U.S.C. § 3582(c)

resentencing hearing, a district judge is not authorized to

reduce a defendant’s sentence below the amended guideline

range.”). 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