United States v. Jones

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6906
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LARRY CHARVELL JONES,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:06-cr-00042-JPB-JES-2)
Submitted: February 19, 2009 Decided: February 26, 2009
Before WILKINSON and TRAXLER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Brian Joseph Kornbrath, Federal Public Defender, Clarksburg,
West Virginia, for Appellant. Paul Thomas Camilletti, Assistant
United States Attorney, Martinsburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Charvell Jones appeals a district court order
granting in part and denying in party his motion for a sentence
reduction under 18 U.S.C. § 3582(c) (2006). The district court
applied Amendment 706 of the Sentencing Guidelines to Jones’
total offense level and reduced Jones’ sentence. The court
denied Jones’ request for a sentence below the amended
Guidelines range of imprisonment. We affirm.
We find the district court did not abuse its
discretion in granting Jones’ motion for a sentence reduction.
United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004)
(stating standard of review). Insofar as Jones suggests the
court could have considered an even lower sentence below the
Guidelines sentencing range, this claim is foreclosed by United
States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) (“[A]
district judge is not authorized to reduce a defendant’s
sentence below the amended guideline range.”).
Accordingly, we affirm the order granting Jones a
sentence reduction. 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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