United States v. Robert Nichols, Jr.

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 28, 2015
• Docket: 15-6576
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-6576

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ROBERT L. NICHOLS, JR., a/k/a Robert L. Nicholas, Jr.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Senior District Judge. (3:06-cr-00199-JRS-1)

Submitted: July 23, 2015 Decided: July 28, 2015

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Robert L. Nichols, Jr., Appellant Pro Se. Dominick Salvatore Gerace, II, Heather L. Hart, Stephen Wiley Miller, Assistant United States Attorneys, Norman Scott Sacks, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Robert L. Nichols, Jr., appeals from the district court’s

order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a

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

Guidelines Manual. We affirm.

The district court properly concluded that it lacked

authority to grant a sentence reduction under § 3582(c)(2) because

Nichols’ Guidelines range was driven by his career offender

designation and not by a drug quantity. See United States v. Munn,

595 F.3d 183, 187 (4th Cir. 2010).

Accordingly, we affirm on the reasoning of the district court.

United States v. Nichols, No. 3:06-cr-00199-JRS-1 (E.D. Va. filed

Mar. 30, 2015; entered Mar. 31, 2015). 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