United States v. Newsome

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 5, 2009
• Docket: 08-7239
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7239

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RYAN NEWSOME,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:94-cr-00083-1)

Submitted: February 26, 2009 Decided: March 5, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ryan Newsome, Appellant Pro Se. John J. Frail, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Ryan Newsome appeals the district court’s orders

granting his motion for reduction of sentence pursuant to 18

U.S.C. § 3582(c) (2006) and denying his motion for

reconsideration in which Newsome sought a further reduction. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. United States v. Newsome, No. 3:94-cr-00083-1 (S.D.W.

Va., Mar. 31 & July 9, 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