US v. Larry Jones

Filing 920090226

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6906

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LARRY CHARVELL JONES, Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:06-cr-00042-JPB-JES-2)

Submitted:

February 19, 2009

Decided:

February 26, 2009

Before WILKINSON and Senior Circuit Judge.

TRAXLER,

Circuit

Judges,

and

HAMILTON,

Affirmed by unpublished per curiam opinion.

Brian Joseph Kornbrath, Federal Public Defender, Clarksburg, West Virginia, for Appellant. Paul Thomas Camilletti, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Larry Charvell Jones appeals a district court order granting in part and denying in party his motion for a sentence reduction under 18 U.S.C. § 3582(c) (2006). The district court

applied Amendment 706 of the Sentencing Guidelines to Jones' total denied offense Jones' level and reduced for a Jones' sentence We affirm. court did not abuse its sentence. below The the court

request

amended

Guidelines range of imprisonment. We find the district

discretion in granting Jones' motion for a sentence reduction. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004)

(stating standard of review).

Insofar as Jones suggests the

court could have considered an even lower sentence below the Guidelines sentencing range, this claim is foreclosed by United States v. Dunphy, judge is 551 not F.3d 247, 257 to (4th Cir. a 2009) ("[A]

district

authorized

reduce

defendant's

sentence below the amended guideline range."). Accordingly, sentence reduction. facts and legal before we affirm the order granting Jones a

We dispense with oral argument because the are and adequately argument presented not in aid the the

contentions the court

materials

would

decisional process. AFFIRMED

2