US v. Robert Nichols, Jr.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:06-cr-00199-JRS-1 Copies to all parties and the district court/agency. [999628902]. Mailed to: Robert Nichols. [15-6576]
<![CDATA[
Appeal: 15-6576
Doc: 10
Filed: 07/28/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6576
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT L. NICHOLS, JR., a/k/a Robert L. Nicholas, Jr.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Senior
District Judge. (3:06-cr-00199-JRS-1)
Submitted:
July 23, 2015
Decided:
July 28, 2015
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Robert L. Nichols, Jr., Appellant Pro Se.
Dominick Salvatore
Gerace, II, Heather L. Hart, Stephen Wiley Miller, Assistant United
States Attorneys, Norman Scott Sacks, OFFICE OF THE UNITED STATES
ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-6576
Doc: 10
Filed: 07/28/2015
Pg: 2 of 2
PER CURIAM:
Robert L. Nichols, Jr., appeals from the district court’s
order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a
sentence reduction based on Amendment 782 to the U.S. Sentencing
Guidelines Manual.
The
district
We affirm.
court
properly
concluded
that
it
lacked
authority to grant a sentence reduction under § 3582(c)(2) because
Nichols’
Guidelines
range
was
driven
designation and not by a drug quantity.
by
his
career
offender
See United States v. Munn,
595 F.3d 183, 187 (4th Cir. 2010).
Accordingly, we affirm on the reasoning of the district court.
United States v. Nichols, No. 3:06-cr-00199-JRS-1 (E.D. Va. filed
Mar. 30, 2015; entered Mar. 31, 2015).
We dispense with oral
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
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
