United States v. Aubrey Moton

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6291
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AUBREY VALDEZ MOTON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:08-cr-00165-JFA-1)
Submitted: June 24, 2013 Decided: July 2, 2013
Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Aubrey Valdez Moton, Appellant Pro Se. John David Rowell,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Aubrey Valdez Moton appeals the district court’s order
denying his motion for reduction of sentence, pursuant to 18
U.S.C. § 3582(c) (2006). We have reviewed the record and find
no abuse of discretion by the district court. Moton argues that
United States v. Munn, 595 F.3d 183, 192 (4th Cir. 2010)
authorizes the modification of a career offender’s sentence
where an overrepresentation departure was granted. However,
Moton’s sentence is distinguishable from the situation in Munn,
because the Guidelines range after the departure did not fall
squarely within the crack cocaine Guidelines range. Also, the
Sentencing Commission has abrogated the ruling in Munn by
defining “applicable guideline range" as "the guideline range
that corresponds to the offense level and criminal history
category determined . . . before consideration of any departure
provision.” USSG App. C, Amend. 759 (2011). Accordingly, we
affirm for the reasons stated by the district court. United
States v. Moton, No. 3:08-cr-00165-JFA-1 (D.S.C. Jan. 25, 2013).
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
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