United States v. Mann ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7166
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT CY MANN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:98-cr-00047-11)
Submitted: June 6, 2008 Decided: September 18, 2008
Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Robert Cy Mann, Appellant Pro Se. Darryl James Mitchell, Special
Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Cy Mann appeals the district court’s order denying
his motion for correction of sentence filed under 18 U.S.C.A.
§ 3582 (West 2005). We review the denial of a motion to modify a
sentence for abuse of discretion. United States v. Turner, 59 F.3d
481, 483 (4th Cir. 1995). Our review of the record discloses no
abuse of discretion in the district court’s denial of relief. We
affirm the district court’s order as modified to reflect that the
motion was denied without prejudice so that Mann may refile his
motion should he obtain proper evidence of exhaustion from the
Bureau of Prisons. 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 AS MODIFIED
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