United States v. Williams , 313 F. App'x 600 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6788
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY WILLIAMS, a/k/a Bones,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:06-cr-00152-CMH-1)
Submitted: February 12, 2009 Decided: March 4, 2009
Before NIEMEYER, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Williams, Appellant Pro Se. Jonathan Leo Fahey,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Anthony Williams appeals a district court order
granting his motion for a sentence reduction under 18 U.S.C.
§ 3582(c) (2006). The district court applied Amendment 706 of
the Sentencing Guidelines to Williams’ total offense level and
reduced his sentence. We affirm.
We find the district court did not abuse its
discretion in granting Williams’ motion for a sentence
reduction. United States v. Goines, 357 F.3d 469, 478 (4th Cir.
2004) (stating standard of review). Insofar as Williams
suggests the court could have considered an even lower sentence
below the Guidelines sentencing range, this claim is foreclosed
by United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009)
(“[A] district judge is not authorized to reduce a defendant’s
sentence below the amended guideline range.”). We further find
no error by the district court denying Williams’ motion for
appointment of counsel.
Accordingly, we affirm the order granting Williams a
sentence reduction. 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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