United States v. Samuel Kelley, Jr. ( 2015 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-7184
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    SAMUEL LEE KELLEY, JR., a/k/a Little Boot,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Dever III,
    Chief District Judge. (7:10-cr-00099-D-1)
    Submitted:   November 30, 2015            Decided:   December 4, 2015
    Before WILKINSON and DUNCAN, Circuit Judges, and DAVIS, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Samuel Lee Kelley, Jr., Appellant Pro Se. James Bradsher, Seth
    Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
    North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Samuel Lee Kelley, Jr., appeals the district court’s order
    denying his motion for a reduction of sentence pursuant to 18
    U.S.C. § 3582(c)(2) (2012).          We have reviewed the record and
    find    no   reversible    error.     Accordingly,        we    affirm      for   the
    reasons stated by the district court.              United States v. Kelley,
    No.    7:10-cr-00099-D-1       (E.D.N.C.    July    9,    2015);      see     United
    States v. Black, 
    737 F.3d 280
    , 286 (4th Cir. 2013) (finding that
    Black was not eligible for § 3582(c)(2) sentence reduction where
    he was sentenced to a mandatory minimum because “his sentence
    was    not   based   on   ‘a   sentencing     range’     that   the    Sentencing
    Commission     subsequently      lowered”).        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
    2
    

Document Info

Docket Number: 15-7184

Filed Date: 12/4/2015

Precedential Status: Non-Precedential

Modified Date: 12/4/2015