United States v. Harris

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6998
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PATRICK LAMAR HARRIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Senior District
Judge. (CR-94-297)
Submitted: April 27, 2006 Decided: May 3, 2006
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Patrick Lamar Harris, Appellant Pro Se. Marshall Prince, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Patrick Lamar Harris appeals from the district court’s
orders denying his 18 U.S.C. § 3582(c)(2) (2000) motion for
reduction of sentence and denying his motion for reconsideration.
Harris asserts that he is entitled to a reduction of sentence based
on Amendment 591 to the U.S. Sentencing Guidelines. This Amendment
requires a sentencing court to apply the offense guideline
referenced in the Statutory Index in Appendix A based on the
statute of conviction, rather than a defendant’s actual conduct.
See U.S. Sentencing Guidelines Manual App. C, Amend. 591 (2004);
United States v. Rivera, 293 F.3d 584, 586-87 (2d Cir. 2002).
Because Harris was sentenced under the correct guideline for his
convicted offenses, we affirm the orders of the district court. 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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