US v. Jermaine Berry

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999653346-2] Originating case number: 5:03-cr-00037-RLV-5 Copies to all parties and the district court/agency. [999738826].. [15-7350]

Appeal: 15-7350

Doc: 9

Filed: 01/20/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7350

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAINE MONTE BERRY, a/k/a B-Bop,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:03-cr-00037-RLV-5)

Submitted:

January 14, 2016

Decided:

January 20, 2016

Before AGEE, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jermaine Monte Berry, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7350

Doc: 9

Filed: 01/20/2016

Pg: 2 of 2

PER CURIAM:
Jermaine
order

Monte

denying

his

Berry
18

appeals

U.S.C.

§

from

the

3582(c)(2)

district
(2012)

court’s

motion

for

reduction of sentence based on Amendment 782 to the Sentencing
Guidelines.

Application of Amendment 782 to Berry does not have

the effect of lowering his Guidelines sentence.
is

not

entitled

Because

the

to

district

motion, we affirm.
counsel.
legal
before

a

sentence
court

reduction

did

not

err

Accordingly, he

under
in

§

3582(c)(2).

denying

Berry’s

We deny Berry’s motion for appointment of

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

2