United States v. Jeffrey Joyner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-7594

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JEFFREY BERNARD JOYNER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. James C. Dever, III, Chief District Judge. (4:11-cr-00078-D-1)

Submitted: March 14, 2017 Decided: March 17, 2017

Before FLOYD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jeffrey Bernard Joyner, Appellant Pro Se. Jennifer P. May- Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jeffrey Bernard Joyner appeals the district court’s order

denying Joyner’s 18 U.S.C. § 3582(c)(2) (2012) motion for

sentence reduction based on Amendment 782 to the U.S. Sentencing

Guidelines Manual (2014). Based on our review of the record, we

conclude that the district court did not abuse its discretion in

denying the motion based on the risk Joyner poses to public

safety. See United States v. Smalls, 720 F.3d 193, 195 (4th

Cir. 2013) (“Whether to reduce a sentence and to what extent is

a matter within the court’s discretion.”). Accordingly, we

affirm for the reasons stated by the district court. See United

States v. Joyner, No. 4:11-cr-00078-D-1 (E.D.N.C. filed Nov. 11,

2016; entered Nov. 14, 2016). We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid

the decisional process.

AFFIRMED