US v. Jones

Filing 920071221

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7412 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RONALD LEE JONES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (1:96-cr-00191-avb) Submitted: December 13, 2007 Decided: December 21, 2007 Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Ronald Lee Jones, Appellant Pro Se. Charles Philip Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ronald Lee Jones appeals the district court's margin order denying his motion to modify his sentence under 18 U.S.C. 3582(c)(2) (2000). Jones argued that he qualified for a sentence reduction under Sentencing Guidelines Amendment 599, U.S. Sentencing Guidelines Manual ("USSG") App. C (Supp. 2000), which amended the application notes of USSG 2K2.4. In its margin notation denying the action, the district court stated that Jones' "sentence Because [was] calculated 599 as a not career provide offender." Jones with (R. a 57). lower Amendment would sentence, see United States v. Hickey, 280 F.3d 65, 69 (lst Cir. 2002) (holding that because defendant was sentenced as a career offender, Amendment 599 was inapplicable), we affirm. 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 - 2 -

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