United States v. Bashford , 341 F. App'x 910 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6630
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CARLTON BASHFORD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:91-cr-00332-1)
Submitted: August 20, 2009 Decided: August 27, 2009
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
David S. Bracken, DAVID S. BRACKEN, P.C., Alexandria, Virginia,
for Appellant. Dana J. Boente, United States Attorney, Jeffrey
H. Zeeman, Special Assistant United States Attorney, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carlton Bashford appeals the district court’s order
granting his motion for reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006). Bashford asserts on appeal that the
district court erred in declining to sentence him below the
amended Guidelines range for crack cocaine offenses, contending
that a lower sentence would be permitted by Kimbrough v. United
States, 552 U.S. 85 (2007), and United States v. Booker, 543
U.S. 220 (2005). However, this argument is foreclosed by this
court’s decision in United States v. Dunphy, 551 F.3d 247, 257
(4th Cir.), cert. denied, 129 S. Ct. 2401 (2009). Moreover, the
district court did not abuse its discretion in imposing a
sentence at the low end of the amended Guidelines range. See
United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004)
(stating standard of review).
Accordingly, we affirm the order of the district court
and we deny the motion for appointment of counsel. 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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