US v. Akbar Taylor

Filing 920090224

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7640 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AKBAR TAYLOR, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:05-cr-00330-JRS-1) Submitted: February 19, 2009 Decided: February 24, 2009 Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Akbar Taylor, Appellant Assistant United States Appellee. Pro Se. Attorney, Peter Sinclair Duffey, Richmond, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Akbar Taylor appeals a district court order denying his motion for a sentence reduction submitted under 18 U.S.C. 3582(c) (2006). We have reviewed the record and the district Accordingly, affect his court's order and find no abuse of discretion. because the amendments to the Guidelines did not offense level, we affirm on the reasoning of the district court. See United States v. Taylor, No. 3:05-cr-00330-JRS-1 (E.D. Va. July 28, 2008). We note Taylor was not entitled to a resentencing hearing. See United States v. Dunphy, 551 F.3d 247 (4th Cir. 2009) ("[A] district judge is not authorized to reduce a defendant's sentence below the amended guideline range."). also deny Taylor's motion for remand. We 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 2

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