US v. Jackie McKubbin

Filing 920100615

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7955 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JACKIE MCKUBBIN, a/k/a Jack, Defendant -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 KING, Circuit Judges, and HAMILTON, Senior Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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