United States v. Shorter , 356 F. App'x 660 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7063
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM SHORTER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:98-cr-00192-JCC-3)
Submitted: November 10, 2009 Decided: December 16, 2009
Before MICHAEL and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jeffrey M. Brandt, ROBINSON & BRANDT, P.S.C., Covington,
Kentucky, for Appellant. Chuck Rosenberg, United States
Attorney, Morris R. Parker, Jr., Assistant United States
Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Shorter appeals the district court’s order
granting his 18 U.S.C. § 3582(c) (2006) motion. Shorter argues
that he should receive a new full sentencing hearing in light of
United States v. Booker, 543 U.S. 220 (2005), or at least
resentencing applying the Sentencing Guidelines as advisory.
This claim is without merit. See United States v. Dunphy, 551
F.3d 247, 251-53 (4th Cir.) (holding that “proceedings under
§ 3582(c)(2) do not constitute a full resentencing of the
defendant” and stating that the rule in Booker regarding proof
requirements for facts that increase criminal penalties “has no
application to proceedings under § 3582(c)(2)”), cert. denied,
129 S. Ct. 2401 (2009). We have reviewed the record and find no
reversible error. * Accordingly, we 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
*
We note that the Government did not file a cross-appeal to
challenge the district court’s amended sentence below the
mandatory minimum 240-month sentence. Therefore, the alleged
error may not be addressed on appeal. See Greenlaw v. United
States, 128 S. Ct. 2559, 2564-67 (2008).
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