US v. Jackie McKubbin

Filing 920100615

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7955

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)

Submitted:

June 10, 2010

Decided:

June 15, 2010

Before MOTZ and Circuit Judge.

KING,

Circuit

Judges,

and

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

reconsideration.

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

cert.

denied,

S. Ct.

2401

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

dispense

and

contentions the court

adequately argument

presented not

materials

would

decisional process. AFFIRMED

2