United States v. Pitts

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7010

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

EDGAR NELSON PITTS, a/k/a Marlon Smith,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. James C. Turk, Senior District Judge. (6:94-cr-70068-jct-2)

Submitted: February 19, 2009 Decided: February 24, 2009

Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edgar Nelson Pitts, Appellant Pro Se. Thomas Jack Bondurant, Jr., Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Edgar Nelson Pitts appeals from the district court’s

order granting in part his 18 U.S.C. § 3582(c)(2) (2006) motion

for reduction of sentence based on the crack cocaine amendments

to the Sentencing Guidelines. The district court reduced Pitts’

sentence to the minimum of the amended Guidelines range. Pitts

asserts that the district court erred in failing to further

reduce his sentence. However, the district court lacked

jurisdiction to further reduce Pitts’ sentence. See United

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

affirm the district court’s order and deny Pitts’ motion for

appointment of counsel. 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