US v. Carlton Bashford

Filing 920090827

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6630

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CARLTON BASHFORD, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:91-cr-00332-1)

Submitted:

August 20, 2009

Decided:

August 27, 2009

Before WILKINSON and Senior Circuit Judge.

MICHAEL,

Circuit

Judges,

and

HAMILTON,

Affirmed by unpublished per curiam opinion.

David S. Bracken, DAVID S. BRACKEN, P.C., Alexandria, Virginia, for Appellant. Dana J. Boente, United States Attorney, Jeffrey H. Zeeman, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Carlton Bashford appeals the district court's order

granting his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) district (2006). erred Bashford in asserts to on appeal him that below the the

court

declining

sentence

amended Guidelines range for crack cocaine offenses, contending that a lower sentence would be permitted by Kimbrough v. United States, 552 U.S. 85 (2007), and United States v. Booker, 543 U.S. 220 (2005). However, this argument is foreclosed by this

court's decision in United States v. Dunphy, 551 F.3d 247, 257 (4th Cir.), cert. denied, 129 S. Ct. 2401 (2009). district court did not abuse its discretion Moreover, the in imposing a

sentence at the low end of the amended Guidelines range. See United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004)

(stating standard of review). Accordingly, we affirm the order of the district court and we deny the motion for appointment of counsel. 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

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