United States v. Harris ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6900
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TONY O'NEAL HARRIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CR-95-912)
Submitted: November 20, 1997 Decided: December 10, 1997
Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tony O'Neal Harris, Appellant Pro Se. E. Jean Howard, OFFICE OF THE
UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tony O'Neal Harris appeals the district court's order denying
his motion for reduction of sentence. Harris alleges that he was
sentenced under a pre-1994 version of U.S. Sentencing Commission,
Guidelines Manual, § 2D1.1(c), resulting in a base offense level
higher than that permissible under the Guidelines Manual in effect
as of November, 1994. We have reviewed the record and find his
factual assertion to be incorrect. Harris's sentence was computed
according to the 1995 edition of the Guidelines Manual. He did
receive a base offense level of 38 which, after subsequent adjust-
ments, resulted in a total offense level of 37. Therefore, we
affirm the district court's denial of his motion for reduction. 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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