US v. Eon David

Filing 920090709

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6754

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EON DAVID, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (2:95-cr-00206-JAB-3)

Submitted:

June 25, 2009

Decided:

July 9, 2009

Before TRAXLER, Judges.

Chief

Judge,

and

MICHAEL

and

KING,

Circuit

Affirmed by unpublished per curiam opinion.

Eon David, Appellant Pro Se. Lisa Blue Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Eon David appeals the district court's order denying his 18 U.S.C. § 3582(c) (2006) motion for a sentence reduction. David contends the district court erred by considering his

post-sentencing actions, rather than considering the facts as they existed at the time to of his a original sentencing. sentence, In the

determining

whether

reduce

defendant's

district court must consider the factors set forth in 18 U.S.C. § 3553(a) (2006) and the impact on public safety if the sentence is reduced. U.S. Sentencing Guidelines Manual (USSG) § 1B1.10 The court also may consider the conduct. USSG § 1B1.10 cmt.

cmt. n.1(B)(i), (ii) (2008). defendant's n.1(B)(iii). post-sentencing

Accordingly, the district court's consideration of

David's post-sentencing conduct and the impact on public safety of reducing David's sentence was entirely proper. Accordingly, denying relief. we affirm the district court's order

United States v. David, No. 2:95-cr-00206-JAB-3 In light of this disposition, we deny to expedite the disposition of his

(M.D.N.C. Apr. 6, 2009). as moot David's motion

appeal. 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