United States v. Barnes ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-5134
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARCEL BARNES, a/k/a Larry Kevin Brown,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (CR-94-52)
Submitted: July 19, 2006 Decided: August 1, 2006
Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marcel Barnes, Appellant Pro Se. Laura Marie Everhart, Assistant
United States Attorney, Norfolk, Virginia, for Appellee
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marcel Barnes appeals the district court’s order granting
his 28 U.S.C. § 3582(c)(2) (2000) motion and reducing his sentence
from life in prison to 360 months. We reject Barnes’ claim on
appeal that he can raise a challenge to his sentence under United
States v. Booker, 543 U.S. 220 (2005), in a § 3582(c)(2) motion.
See United States v. Moreno, 421 F.3d 1217, 1220-21 (11th Cir.
2005), cert. denied, 126 S. Ct. 1643 (2006). We have reviewed the
record and find no reversible error. Accordingly, we affirm for
the reasons stated by the district court. United States v. Barnes,
No. CR-94-52 (E.D. Va. Nov. 4, 2005). 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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