US v. Darnell Dunn

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-cr-00274-FL-1. Copies to all parties and the district court. [999721000]. Mailed to: Darnell Dunn. [15-7494]

Appeal: 15-7494

Doc: 5

Filed: 12/18/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7494

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARNELL MICHAEL DUNN, a/k/a Doughboy,
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-00274-FL-1)

Submitted:

December 15, 2015

Before GREGORY
Circuit Judge.

and

FLOYD,

Decided:

Circuit

Judges,

December 18, 2015

and

DAVIS,

Senior

Affirmed by unpublished per curiam opinion.

Darnell Michael Dunn, Appellant Pro Se.
Seth Morgan Wood,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7494

Doc: 5

Filed: 12/18/2015

Pg: 2 of 2

PER CURIAM:
Darnell Michael Dunn appeals the district court’s orders
granting
U.S.C.

his

motion

for

a

sentence

§ 3582(c)(2)(2012)

reconsideration.
reversible

We

error.

and

have

reduction

denying

reviewed

Because

the

the

pursuant

his

to

motion

record

and

Government’s

find

18
for
no

substantial

assistance motion was based on U.S. Sentencing Guidelines Manual
§ 5K1.1 and not 18 U.S.C. § 3553(e) (2012), the district court
lacked authority to reduce Dunn’s sentence below the statutory
mandatory minimum.

Melendez v. United States, 518 U.S. 120,

126-27 (1996); United States v. Allen, 450 F.3d 565, 568-70 (4th
Cir. 2006).
was

without

Further, as the district court correctly noted, it
authority

reconsideration.
orders.
legal
before

to

rule

on

Dunn’s

motion

for

Accordingly, we affirm the district court’s

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