US v. Marcus Sifford

Filing 920090127

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6861

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCUS SIFFORD, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:96-cr-00134-FDW-2)

Submitted:

January 20, 2009

Decided:

January 27, 2009

Before MOTZ and Circuit Judge.

KING,

Circuit

Judges,

and

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Marcus Sifford, 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Unpublished opinions are not binding precedent in this circuit.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: Marcus Sifford appeals the district court's order

granting his motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006), and reducing his sentence to 185 months of imprisonment. a 151-month Sifford had contended that he was entitled to pursuant to Amendment 706 of the U.S.

sentence

Sentencing Guidelines Manual ("USSG"), which lowered the base offense levels for drug offenses involving cocaine base. USSG § 2D1.1(c) (2008); USSG App. C Amend. 706. We See have

reviewed the record and Sifford's contentions on appeal and find that the district court did not abuse its discretion in

declining to grant a further reduction in Sifford's sentence. See United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004). Accordingly, we affirm for the reasons stated by the district court. See United States v. Sifford, No. 3:96-cr-00134-FDW-2

(W.D.N.C. May 13, 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

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