United States v. Jermaine Armstrong ( 2024 )

USCA4 Appeal: 22-6199 Doc: 7 Filed: 08/23/2024 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6199
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAINE ANTONIO ARMSTRONG,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Florence.
Terry L. Wooten, Senior District Judge. (4:04-cr-00634-TLW-1)
Submitted: July 25, 2024 Decided: August 23, 2024
Before WILKINSON, GREGORY, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jermaine Antonio Armstrong, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6199 Doc: 7 Filed: 08/23/2024 Pg: 2 of 2
PER CURIAM:
Jermaine Antonio Armstrong appeals the district court’s order and amended
judgment granting his motion for a sentence reduction under § 404(b) of the First Step Act
of 2018, Pub. L. No. 115-391, 132 Stat. 5194 and reducing his sentence to 336 months’
imprisonment and denying his motion for reconsideration. Armstrong asserts that the court
erred by increasing his sentence for the covered offense while reducing the overall
sentence. We need not address Armstrong’s assertion because the court also stated an
alternate sentence that does not raise the same issues. Thus, even if there was error, the
error is harmless in light of the alternate sentence. Accordingly, we affirm the district
court’s orders and amended judgment. 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