US v. Eleazar Guerrero

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-cr-00208-FL-1. Copies to all parties and the district court. [999589447]. Mailed to: Appellant. [15-6111]

Appeal: 15-6111

Doc: 9

Filed: 05/26/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6111

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ELEAZAR CORTES GUERRERO, a/k/a Cat,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:11-cr-00208-FL-1)

Submitted:

May 21, 2015

Decided:

May 26, 2015

Before MOTZ, KING, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eleazar Cortes Guerrero, Appellant Pro Se.
Jennifer P. MayParker, Assistant United States Attorney, William Glenn Perry,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6111

Doc: 9

Filed: 05/26/2015

Pg: 2 of 2

PER CURIAM:
Eleazar Cortes Guerrero appeals the district court’s order
denying

his

motion

for

a

sentence

18 U.S.C. § 3582(c)(2) (2012).

reduction

pursuant

to

We review the district court’s

decision for an abuse of discretion.
F.3d 183, 186 (4th Cir. 2010).

United States v. Munn, 595

We do not find any abuse of

discretion as the record justifies the district court’s decision
not to reduce Guerrero’s sentence, as it properly considered
Guerrero’s post-sentencing conduct pursuant to U.S. Sentencing
Guidelines Manual § 1B.10, cmt. n. 1(B)(iii) (2014).
Accordingly,
dispense

with

contentions

are

we

oral

affirm

the

argument

adequately

district

because

presented

in

court’s

the
the

facts

order.

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

2