US v. Sharon White

Filing 920090422

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7601

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHARON WHITE, Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. James P. Jones, Chief District Judge. (3:99-cr-00007-jpj-3)

Submitted:

April 16, 2009

Decided:

April 22, 2009

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Sharon White, Appellant Pro Se. Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Sharon White appeals a district court order granting her motion for a sentence reduction under 18 U.S.C. § 3582(c) (2006). The district court applied Amendment 706 of the

Sentencing Guidelines to White's total offense level and reduced her sentence to the low end of the amended Guidelines range of imprisonment. We We affirm. find the district court did not abuse its

discretion re-sentencing White to the low end of the amended Guidelines range of imprisonment. F.3d 469, 478 (4th Cir. 2004) United States v. Goines, 357 (stating standard of review).

Insofar as White argues the court could have considered an even lower sentence, this claim is foreclosed by United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) ("[A] district judge is not authorized to reduce a defendant's sentence below the amended guideline range."). Accordingly, sentence counsel. legal before reduction. we We affirm deny the order granting for White a of

her

motion

appointment

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