United States v. Cathy Jones

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6642
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CATHY LEE JONES, a/k/a Gook, a/k/a Duck,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:02-cr-00178-RAJ-JEB-13)
Submitted: August 16, 2012 Decided: September 7, 2012
Before DUNCAN, DAVIS, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Cathy Lee Jones, Appellant Pro Se. Darryl James Mitchell,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cathy Lee Jones appeals the district court’s order
denying her 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction
in sentence. * We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. United States v. Jones, No. 2:02-cr-00178-RAJ-
JEB-13 (E.D. Va. Mar. 13, 2012). 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
*
To the extent Jones challenges on appeal the factual basis
for her conviction and sentence, such claims are not properly
raised in a § 3582(c)(2) motion. See 18 U.S.C. § 3582(c)
(noting valid grounds for granting a sentence reduction); USSG
§ 1B1.10 (same); United States v. Stewart, 595 F.3d 197, 201
(4th Cir. 2010) (noting that a § 3582(c)(2) proceeding is “not
considered a full resentencing by the court”).
2