United States v. Newsome ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7239
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RYAN NEWSOME,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:94-cr-00083-1)
Submitted: February 26, 2009 Decided: March 5, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ryan Newsome, Appellant Pro Se. John J. Frail, Assistant United
States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ryan Newsome appeals the district court’s orders
granting his motion for reduction of sentence pursuant to 18
U.S.C. § 3582(c) (2006) and denying his motion for
reconsideration in which Newsome sought a further reduction. We
have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. United States v. Newsome, No. 3:94-cr-00083-1 (S.D.W.
Va., Mar. 31 & July 9, 2008); see United States v. Dunphy, 551
F.3d 247, 257 (4th Cir. 2009) (“When a sentence is within the
guidelines applicable at the time of the original sentencing, in
an 18 U.S.C. § 3582(c) resentencing hearing, a district judge is
not authorized to reduce a defendant's sentence below the
amended guideline range.”). We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
AFFIRMED
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