United States v. McCrorey

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 5, 2009
• Docket: 09-6239
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6239

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CALVIN MCCROREY, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., Chief District Judge. (0:98-cr-01186-JFA-11)

Submitted: April 23, 2009 Decided: May 5, 2009

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Calvin McCrorey, Jr., Appellant Pro Se. Marshall Prince, II, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Calvin McCrorey, Jr., appeals from the district

court’s order denying his motion to reduce his sentence under 18

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

find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. See United States v.

McCrorey, No. 0:98-cr-01186-JFA-11 (D.S.C. Jan. 28, 2009)

(noting that McCrorey’s Sentencing Guidelines range remained

unchanged after Amendment 706 to the Sentencing Guidelines

because his statutory maximum sentence was below his guidelines

sentencing range). See U.S. Sentencing Guidelines Manual

§ 5G1.1(a) (2008) (noting that where statutorily authorized

maximum sentence is less than the minimum of the applicable

guidelines range, the maximum sentence shall be the guidelines

range). We dispense with oral argument as the facts and legal

contentions are adequately addressed in the materials before the

court and argument would not aid the decisional process.

AFFIRMED