United States v. John Speagle, Sr. ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7071
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JOHN ANDREW SPEAGLE, SR.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:05-cr-00234-RLV-CH-2)
Submitted: December 15, 2011 Decided: December 20, 2011
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John Andrew Speagle, Sr., 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Unpublished opinions are not binding precedent in this circuit.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:
John Andrew Speagle, Sr., appeals the district court’s
order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for
reduction of sentence based on the Government’s failure to file
a U.S. Sentencing Guidelines Manual (“USSG”) § 5K1.1 motion for
a downward departure. Because Speagle’s claim is not a proper
basis for a motion under 18 U.S.C. § 3582(c)(2), see USSG
§ 1B1.10 cmt. n.1(A), 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 may affirm a district court’s judgment on any grounds
apparent from the record. See MM ex rel. DM v. Sch. Dist. of
Greenville Cnty., 303 F.3d 523, 536 (4th Cir. 2002).
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