US v. Rashawn Dawkin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed under CJA [998856452-2], proceed in forma pauperis Originating case number: 3:05-cr-00489-REP-1 Copies to all parties and the district court/agency. [999160501]. Mailed to: Dawkins. [12-6813]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6813

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RASHAWN LAMAR DAWKINS,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:05-cr-00489-REP-1)

Submitted:

July 25, 2013

Decided: July 29, 2013

Before GREGORY, DAVIS, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rashawn Lamar Dawkins, Appellant Pro Se. Michael Ronald Gill,
Angela Mastandrea-Miller, Assistant United States Attorneys,
Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Rashawn

Lamar

Dawkins

appeals

from

the

district

court’s order granting his 18 U.S.C. § 3582 (2006) motion for
reduction of sentence and imposing a sentence at the top of the
amended
should

Guidelines
have

range.

received

a

On

lower

court procedurally erred.

appeal,
sentence

Dawkins
and

avers

that

the

that

he

district

We affirm.

First, Dawkins contends that the district court erred
by failing to provide sufficient reasoning for the sentence it
imposed.

However, when deciding a § 3582 motion, the district

court is not required to provide individualized reasoning, and
the record does not otherwise support the conclusion that the
court

failed

to

consider

the

relevant

factors.

See

United

States v. Smalls, __ F.3d __, 2013 WL 3037658 (4th Cir. 2013).
In fact, the district court imposed the exact sentence requested
by Dawkins’ counsel.
Second, Dawkins avers that his counsel was ineffective
for failing to argue for a lower sentence.

However, there is no

right to counsel in § 3582 proceedings, and as such, Dawkins’
ineffective assistance claim is not cognizable.

See Coleman v.

Thompson, 501 U.S. 722, 752 (1991); United States v. Legree, 205
F.3d 724, 730 (4th Cir. 2000).

Finally, Dawkins challenges his

original conviction and sentence.
cognizable

in

a

§ 3582

Again, these claims are not

proceeding.
2

See

United

States

v.

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Hernandez, 645 F.3d 709, 712 (5th Cir. 2011) (noting that § 3582
provides for a modification proceeding not a collateral attack).
Accordingly,
forma

pauperis,

we

although

affirm.

we
We

grant
dispense

leave
with

to

proceed

oral

in

argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.

AFFIRMED

3