US v. Corey Neal

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999503184-2] in 14-7799; denying Motion for other relief [999493348-2] in 14-7799 Originating case number: 4:06-cr-00042-RBS-JEB-5. Copies to all parties and the district court/agency. [999637980]. Mailed to: Corey Neal. [14-7799, 15-6201]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7799

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
COREY RASHAAD NEAL, a/k/a Neck Bone,
Defendant - Appellant.

No. 15-6201

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
COREY RASHAAD NEAL, a/k/a “Neck Bone,”
Defendant - Appellant.

Appeals from the United States District Court for the Eastern
District of Virginia, at Newport News.
Rebecca Beach Smith,
Chief District Judge. (4:06-cr-00042-RBS-JEB-5)

Submitted:

July 28, 2015

Decided:

Before MOTZ, KING, and GREGORY, Circuit Judges.

August 11, 2015

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Affirmed by unpublished per curiam opinion.

Corey Rashaad Neal, Appellant Pro Se. Robert Edward Bradenham,
II, Assistant United States Attorney, Newport News, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In

No.

14-7799,

federal

inmate

Corey

Neal

appeals

the

district court’s order denying his 18 U.S.C. § 3582(c)(2) (2012)
motion

for

reduction

of

sentence,

in

which

Neal

sought

the

benefit of Amendment 782 of the U.S. Sentencing Guidelines.

The

record discloses that Neal was held accountable for a marijuana
equivalency of 274,520.9065 kg., * for a base offense level of 38.
See U.S. Sentencing Guidelines Manual § 2D1.1(c)(1) (2005).

Two

levels

and

were

added

for

possession

of

a

dangerous

weapon,

three levels were subtracted for acceptance of responsibility.
Neal’s

resulting

total

offense

level

was

37,

his

criminal

history category was III, and his Guidelines range was 262-327
months.

Under Amendment 782, a defendant who is responsible for

a marijuana equivalency of 90,000 kg. or more is assigned base
offense level 38.

Therefore, because Neal’s Guidelines range

remains unchanged after Amendment 782, we affirm the district
court’s denial of the motion.

See 18 U.S.C. § 3582(c)(2); USSG

§ 1B1.10 cmt. n.1 (2014).
In No. 15-6201, Neal appeals the district court’s order
denying his motion for preparation of unspecified transcripts at
government expense.

Our review of the record discloses that

*

Neal was responsible for 4,863.9625 g. of cocaine,
13,677.405 g. of crack cocaine, and 14 g. of marijuana, for a
marijuana equivalency of 274,520.9065 kg.

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Neal

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failed

transcripts.

to

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demonstrate

a

particularized

need

for

We accordingly affirm the district court’s order.

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.

Neal’s

motion for leave to proceed in forma pauperis is denied as moot.
We deny his motion for authorization to file brief and documents
in sealed case.
AFFIRMED

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