US v. Robert Jeffrey, Jr.

Filing 920090304


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6924 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT LARRY JEFFREY, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:98-cr-00145-HCM-5) Submitted: February 26, 2009 Decided: March 4, 2009 Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Larry Jeffrey, Jr., Appellant Pro Se. Scott W. Putney, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert court's order Larry Jeffrey, his motion Jr., for appeals reduction the of district sentence granting pursuant to 18 U.S.C. 3582(c) (2006). Jeffrey argues that the We district court erred by not conducting a full resentencing. have reviewed the record and find no reversible error. Accordingly, we affirm. United States v. Jeffrey, No. 2:98-cr- 00145-HCM-5 (E.D. Va. filed May 14; entered May 21, 2008); see United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) ("When a sentence is within the guidelines applicable at the time of the original hearing, sentencing, a district in an 18 is the U.S.C. not 3582(c) to resentencing reduce a judge below authorized defendant's sentence amended guideline range."). legal before We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. AFFIRMED 2

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