United States v. Chester Barnes, Jr. ( 2013 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-6681
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    CHESTER LEE BARNES, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Terrence W. Boyle,
    District Judge. (5:07-cr-00351-BO-1)
    Submitted:   June 13, 2013                 Decided:   June 18, 2013
    Before NIEMEYER, KING, and FLOYD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Chester Lee Barnes, Jr., Appellant Pro Se.    Jennifer P. May-
    Parker,   Assistant  United States  Attorney,  Raleigh,  North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Chester Lee Barnes appeals the district court’s order
    denying his 
    18 U.S.C. § 3582
    (c)(2) (2006) motion for reduction
    in   his   sentence    based     on   amendments    to   the   U.S.    Sentencing
    Guidelines Manual.         We conclude that the district court properly
    determined that Barnes was ineligible for a sentence reduction
    because      his   sentencing    range    was     determined   by     his    career
    offender designation, not the drug quantities attributable to
    him,   and    thus   was   not   impacted    by    the   amendments.         United
    States v. Munn, 
    595 F.3d 183
    , 187 (4th Cir. 2010).                  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 this court and argument would
    not aid the decisional process.
    AFFIRMED
    2
    

Document Info

Docket Number: 13-6681

Filed Date: 6/18/2013

Precedential Status: Non-Precedential

Modified Date: 4/18/2021