United States v. Berry ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6910
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CALVIN LEWIS BERRY,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:06-cr-00019-JPB-DJJ-l)
Submitted: March 17, 2009 Decided: March 20, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Brian Joseph Kornbrath, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Clarksburg, West Virginia, for Appellant. Paul Thomas
Camilletti, Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Martinsburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Lewis Berry appeals the district court’s order
granting in part and denying in part his motion for modification
of sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). Berry
received the full sentence reduction available under Amendment
706 to the sentencing guidelines. Berry’s contentions that the
court could have considered a sentence below the amended
guideline range or that he was entitled to a full sentencing
hearing under United States v. Booker, 543 U.S. 220 (2005), are
foreclosed by our decision in United States v. Dunphy, 551 F.3d
247 (4th Cir. 2009). Accordingly, we affirm the decision of the
district court. We deny Berry’s motion for appointment of
counsel and 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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