US v. Jackie McKubbin
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JACKIE MCKUBBIN, a/k/a Jack, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:95-cr-00005-FDW-3)
June 10, 2010
June 15, 2010
Before MOTZ and Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jackie McKubbin, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Jackie McKubbin appeals from the district court's
orders granting his 18 U.S.C. § 3582 (2006) motion, reducing his offense level by two levels, reducing his sentence from life imprisonment to 360 months, but denying his motion for
McKubbin argues that he should receive a full
resentencing in light of United States v. Booker, 543 U.S. 220 (2005), applying the Sentencing Guidelines as advisory. claim is without merit. This
See United States v. Dunphy, 551 F.3d
247, 251-53 (4th Cir. 2009) (holding that "proceedings under § 3582(c)(2) defendant"), do not constitute 129 a full resentencing (2009). of We the have
reviewed the record in this case and find no abuse of discretion and no reversible error. court's facts orders. legal before We Accordingly, we affirm the district with are and oral argument because in aid the the the
contentions the court
decisional process. AFFIRMED
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