United States v. Outlaw ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6498
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARTHUR ALAN OUTLAW,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Danville. Jackson L. Kiser, Senior
District Judge. (4:00-cr-70114-jlk-1)
Submitted: June 10, 2008 Decided: June 18, 2008
Before MICHAEL, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Arthur Alan Outlaw, Appellant Pro Se. Donald Ray Wolthuis, OFFICE
OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arthur Alan Outlaw appeals the district court’s order
reducing his sentence under 18 U.S.C. § 3582(c)(2) (2000). Outlaw
seeks further reduction of his sentence pursuant to United States
v. Booker, 543 U.S. 220 (2005). The relief Outlaw seeks is
unavailable under § 3582(c)(2). See United States v. Goines, 357
F.3d 469, 473 (4th Cir. 2004) (noting that § 3582(c)(2) authorizes
a “district court to reduce the sentence imposed on a defendant who
has been sentenced to a term of imprisonment based on a sentencing
range that has subsequently been lowered by the Sentencing
Commission pursuant to 28 U.S.C. § 994(o)”); see also United States
v. Moreno, 421 F.3d 1217, 1220 (11th Cir. 2005) (“Booker is
inapplicable to § 3582(c)(2) motions.”). Accordingly, we affirm
the order of the district court. 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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