United States v. Felton ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6876
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GERALD FELTON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (5:93-cr-00123-F)
Submitted: December 3, 2007 Decided: December 21, 2007
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gerald Felton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gerald Felton appeals the district court’s order denying
his motion under 18 U.S.C.A. § 3582(c)(2) (West 2005) to reduce his
sentence based on Amendment 505 of the United States Sentencing
Guidelines. We have reviewed the record and find no reversible
error. Our review discloses that a prior motion by Felton to
reduce sentence based on Amendment 505 was unsuccessful. Moreover,
Felton’s claim to reduce his sentence in light of United States v.
Booker, 543 U.S. 220 (2005), is without merit. See United States
v. Rodriguez-Pena, 470 F.3d 431, 433 (1st Cir. 2006). Finally, we
find that Lopez v. Gonzales, 127 S. Ct. 625 (2006), cited by
Felton, does not support modification of his sentence.
We accordingly affirm the district court’s order. 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
- 2 -