US v. Anthony Robinson

Filing 920090526

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7679

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTHONY ROBINSON, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (1:91-cr-00161-1)

Submitted:

May 21, 2009

Decided:

May 26, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony Robinson, Appellant Pro Se. Rebeca Hidalgo Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Anthony Robinson appeals the district court's order

granting his 18 U.S.C. § 3582(c) (2006) motion.

We find the

district did not abuse its discretion in granting Robinson's motion for a sentence reduction. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating standard of review).

Insofar as Robinson suggests the court could have considered an even lower sentence below the Guidelines sentencing range, this claim is foreclosed by United States v. Dunphy, 551 F.3d 247, 256 (4th Cir. 2009), petition for cert. filed, 77 U.S.L.W. 3559 (U.S. Mar. 20, 2009) ("[A] district judge is not authorized to reduce a defendant's sentence below the amended guideline

range."). error.

We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the United States v. Robinson, No. 1:91-cv-00161-1 14, 2008). We dispense with oral argument

district court. (E.D. Va. July

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