United States v. Jackson , 384 F. App'x 231 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7931
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PAUL LEE JACKSON,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. Frederick P. Stamp,
Jr., Senior District Judge. (3:02-cr-00035-FPS-JES-2)
Submitted: June 7, 2010 Decided: June 22, 2010
Before KING, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Paul Lee Jackson, Appellant Pro Se. Paul Thomas Camilletti,
Thomas Oliver Mucklow, Assistant United States Attorneys,
Martinsburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Paul Lee Jackson appeals from the district court’s
order granting his 18 U.S.C. § 3582 (2006) motion for reduction
of sentence and imposing an amended sentence in the middle of
the reduced Sentencing Guidelines range. Jackson appeals,
arguing that the court should have considered the 18 U.S.C.
§ 3553(a) (2006) factors and reduced his sentence further. We
have reviewed the record in this case and find no abuse of
discretion and no reversible error. Accordingly, we affirm for
the reasons stated by the district court. United States v.
Jackson, No. 3:02-cr-00035-FPS-JES-2 (N.D. W. Va. Oct. 7, 2009).
In addition, we note that Jackson’s claims on appeal are barred
by our decision in United States v. Dunphy, 551 F.3d 247, 251-52
(4th Cir.), cert. denied, 129 S. Ct. 2401 (2009) (finding
jurisdictional bar to reducing prison term below the amended
Guidelines range). 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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