United States v. Robert Nichols, Jr. ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6576
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT L. NICHOLS, JR., a/k/a Robert L. Nicholas, Jr.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Senior
District Judge. (3:06-cr-00199-JRS-1)
Submitted: July 23, 2015 Decided: July 28, 2015
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Robert L. Nichols, Jr., Appellant Pro Se. Dominick Salvatore
Gerace, II, Heather L. Hart, Stephen Wiley Miller, Assistant United
States Attorneys, Norman Scott Sacks, OFFICE OF THE UNITED STATES
ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert L. Nichols, Jr., appeals from the district court’s
order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a
sentence reduction based on Amendment 782 to the U.S. Sentencing
Guidelines Manual. We affirm.
The district court properly concluded that it lacked
authority to grant a sentence reduction under § 3582(c)(2) because
Nichols’ Guidelines range was driven by his career offender
designation and not by a drug quantity. See United States v. Munn,
595 F.3d 183, 187 (4th Cir. 2010).
Accordingly, we affirm on the reasoning of the district court.
United States v. Nichols, No. 3:06-cr-00199-JRS-1 (E.D. Va. filed
Mar. 30, 2015; entered Mar. 31, 2015). 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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