United States v. Steven Carr

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 3, 2011
• Docket: 11-6578
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6578

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

STEVEN DONEWAN CARR,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:98-cr-00246-RLV-2)

Submitted: October 19, 2011 Decided: November 3, 2011

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

Affirmed by unpublished per curiam opinion.

Steven Donewan Carr, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Steven Donewan Carr appeals the district court’s order

granting his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction

of sentence. We have reviewed the record and find no reversible

error. Accordingly, we affirm. United States v. Carr, No.

5:98-cr-00246-RLV-2 (W.D.N.C. Apr. 19, 2011); see United States

v. Dunphy, 551 F.3d 247, 251-52 (4th Cir. 2009) (providing that

district court, pursuant to § 3582(c)(2), has no authority to

reduce sentence below minimum of amended Guidelines range where

defendant received within-Guidelines sentence at original

sentencing). 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