United States v. Darnell Dunn , 624 F. App'x 136 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7494
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARNELL MICHAEL DUNN, a/k/a Doughboy,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:11-cr-00274-FL-1)
Submitted: December 15, 2015 Decided: December 18, 2015
Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Darnell Michael Dunn, Appellant Pro Se. Seth Morgan Wood,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darnell Michael Dunn appeals the district court’s orders
granting his motion for a sentence reduction pursuant to 18
U.S.C. § 3582(c)(2)(2012) and denying his motion for
reconsideration. We have reviewed the record and find no
reversible error. Because the Government’s substantial
assistance motion was based on U.S. Sentencing Guidelines Manual
§ 5K1.1 and not 18 U.S.C. § 3553(e) (2012), the district court
lacked authority to reduce Dunn’s sentence below the statutory
mandatory minimum. Melendez v. United States, 518 U.S. 120,
126-27 (1996); United States v. Allen, 450 F.3d 565, 568-70 (4th
Cir. 2006). Further, as the district court correctly noted, it
was without authority to rule on Dunn’s motion for
reconsideration. Accordingly, we affirm the district court’s
orders. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
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