US v. Andre Manigault

Filing 920081027

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6832

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDRE MANIGAULT, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Chief District Judge. (3:95-cr-00488-JFA-1)

Submitted:

October 21, 2008

Decided:

October 27, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andre Manigault, Appellant Pro Se. Sean Kittrell, Assistant United States Attorney, Charleston, South Carolina, Jane Barrett Taylor, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Andre denying his Manigault for a appeals sentence the district court's 18 order U.S.C.

motion

reduction

under

§ 3582(c)(2) (2000).

We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by the district court.* United States v. Manigault, No. 3:95-cr-

00488-JFA-1 (D.S.C. Apr. 25, 2008). 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

We note a typographical error in the district court's order on page one in the recitation of Manigault's advisory guideline calculation. The district court intended to state that Manigault's base offense level under the United States Sentencing Guidelines was 38, not 3, for his violation of 21 U.S.C. § 846 (2000). This typographical error does not affect, however, the district court's considered reasoning in denying Manigault's motion for sentence reduction. - 2 -

*