United States v. Spencer ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6516
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMONZA LEVON SPENCER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. James C. Turk, Senior
District Judge. (3:97-cr-00082-jct-2)
Submitted: February 26, 2009 Decided: March 3, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jermonza Levon Spencer, Appellant Pro Se. Jean Barrett Hudson,
Assistant United States Attorney, Charlottesville, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jermonza Levon Spencer appeals from the district
court’s order denying his motion to vacate the court’s order
granting a two-level sentence reduction pursuant to 18 U.S.C.
§ 3582(c) (2006). Spencer argues that the district court erred
by not conducting a full resentencing. We have reviewed the
record and find no reversible error. Accordingly, we affirm.
United States v. Spencer, No. 3:97-cr-00082-jct-2 (W.D. Va.
Apr. 8, 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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