United States v. Jones ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7412
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RONALD LEE JONES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (1:96-cr-00191-avb)
Submitted: December 13, 2007 Decided: December 21, 2007
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ronald Lee Jones, Appellant Pro Se. Charles Philip Rosenberg,
United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Lee Jones appeals the district court’s margin
order denying his motion to modify his sentence under 18 U.S.C.
§ 3582(c)(2) (2000). Jones argued that he qualified for a sentence
reduction under Sentencing Guidelines Amendment 599, U.S.
Sentencing Guidelines Manual (“USSG”) App. C (Supp. 2000), which
amended the application notes of USSG § 2K2.4. In its margin
notation denying the action, the district court stated that Jones’
“sentence [was] calculated as a career offender.” (R. 57).
Because Amendment 599 would not provide Jones with a lower
sentence, see United States v. Hickey, 280 F.3d 65, 69 (lst Cir.
2002) (holding that because defendant was sentenced as a career
offender, Amendment 599 was inapplicable), we affirm. 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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