US v. Demorris Jame

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:05-cr-00161-JBF-JEB-1 Copies to all parties and the district court/agency. [998458731] [10-6774]

US v. Demorris Jame

Doc. 0

Case: 10-6774 Document: 5

Date Filed: 11/03/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6774 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. DEMORRIS ALEXANDER JAMES, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (2:05-cr-00161-JBF-JEB-1) Submitted: October 14, 2010 Decided: November 3, 2010

Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Demorris Alexander James, Appellant Pro Se. Sherrie Scott Capotosto, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

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Case: 10-6774 Document: 5

Date Filed: 11/03/2010

Page: 2

PER CURIAM: Demorris Alexander James appeals the district court's order granting reducing his his 18 U.S.C. from § 3582(c)(2) months' (2006) to motion and

sentence

180

150

months'

imprisonment based on a two-level reduction. the record and find no reversible error.

We have reviewed

Accordingly, we affirm United States v.

for the reasons stated by the district court.

James, No. 2:05-cr-00161-JBF-JEB-1 (E.D. Va. Jan. 6, 2010); see also Dillon v. United States, 130 S. Ct. 2683, 2693-94 (2010) (clarifying that § 3582(c)(2) does not authorize a resentencing, but rather permits a sentence reduction within the narrow bounds established by the Commission, and concluding that United States v. Booker, 543 U.S. 220 (2005), does not apply to § 3582(c)(2) proceedings). 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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