US v. Shane Fell

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:94-cr-00046-H-1 Copies to all parties and the district court/agency. [999992675]. Mailed to: Fells. [16-7202]

Appeal: 16-7202

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Filed: 12/22/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7202

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHANE FELLS, a/k/a Quasim Yusef Johnson, a/k/a Q,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (3:94-cr-00046-H-1)

Submitted:

December 20, 2016

Decided:

December 22, 2016

Before GREGORY, Chief Judge, and WYNN and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Shane Fells, Appellant Pro Se. David A. Bragdon, Matthew Fesak,
Edward D. Gray, Assistant United States Attorneys, Lawrence
Jason Cameron, Shailika S. Kotiya, Joshua Bryan Royster, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7202

Doc: 11

Filed: 12/22/2016

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PER CURIAM:
Shane Fells appeals the district court’s order granting his
18 U.S.C. § 3582(c)(2) (2012) motion for a sentence reduction
under Amendment 782. *
that

the

district

We have reviewed the record and conclude
court

did

not

abuse

its

discretion

declining to grant a larger reduction in Fells’ sentence.
United

States

v.

Mann,

709

F.3d

301,

304

(4th

Cir.

in
See

2013)

(standard of review); see also Dillon v. United States, 560 U.S.
817, 825-27 (2010) (explaining that § 3582(c)(2) proceeding is
not full resentencing); United States v. Smalls, 720 F.3d 193,
195-96

(4th

Cir.

presumed,

absent

relevant

factors

Accordingly,

we

2013)

(recognizing

contrary
when
affirm

indication,

ruling
the

that

on

district

§

district

to

have

court

considered

3582(c)(2)

court’s

is

motion).

order.

United

States v. Fells, No. 3:94-cr-00046-H-1 (E.D.N.C. Aug. 30, 2016).
We

dispense

contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

AFFIRMED

*

Although the district court granted Fells’ motion and
sentenced Fells within the reduced amended Guidelines range, the
reduction granted by the court was less than the reduction
sought by Fells.

2