United States v. McKubbin , 383 F. App'x 266 ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7955
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JACKIE MCKUBBIN, a/k/a Jack,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:95-cr-00005-FDW-3)
Submitted: June 10, 2010 Decided: June 15, 2010
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jackie McKubbin, Appellant Pro Se. Amy Elizabeth Ray, Assistant
United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jackie McKubbin appeals from the district court’s
orders granting his 18 U.S.C. § 3582 (2006) motion, reducing his
offense level by two levels, reducing his sentence from life
imprisonment to 360 months, but denying his motion for
reconsideration. McKubbin argues that he should receive a full
resentencing in light of United States v. Booker, 543 U.S. 220(2005), applying the Sentencing Guidelines as advisory. This
claim is without merit. See United States v. Dunphy, 551 F.3d
247, 251-53 (4th Cir. 2009) (holding that “proceedings under
§ 3582(c)(2) do not constitute a full resentencing of the
defendant”), cert. denied, 129 S. Ct. 2401 (2009). We have
reviewed the record in this case and find no abuse of discretion
and no reversible error. Accordingly, we affirm the district
court’s orders. 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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