United States v. Samuel Kelley, Jr.

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 4, 2015
• Docket: 15-7184
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7184

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SAMUEL LEE KELLEY, JR., a/k/a Little Boot,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, Chief District Judge. (7:10-cr-00099-D-1)

Submitted: November 30, 2015 Decided: December 4, 2015

Before WILKINSON and DUNCAN, Circuit Judges, and DAVIS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Samuel Lee Kelley, Jr., Appellant Pro Se. James Bradsher, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Samuel Lee Kelley, Jr., appeals the district court’s order

denying his motion for a reduction of sentence pursuant to 18

U.S.C. § 3582(c)(2) (2012). We have reviewed the record and

find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. United States v. Kelley,

No. 7:10-cr-00099-D-1 (E.D.N.C. July 9, 2015); see United

States v. Black, 737 F.3d 280, 286 (4th Cir. 2013) (finding that

Black was not eligible for § 3582(c)(2) sentence reduction where

he was sentenced to a mandatory minimum because “his sentence

was not based on ‘a sentencing range’ that the Sentencing

Commission subsequently lowered”). 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