United States v. Jones

U.S. Court of Appeals for the Fourth Circuit

United States v. Jones

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-7412

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RONALD LEE JONES,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (1:96-cr-00191-avb)

Submitted: December 13, 2007 Decided: December 21, 2007

Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ronald Lee Jones, Appellant Pro Se. Charles Philip Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Ronald Lee Jones appeals the district court’s margin

order denying his motion to modify his sentence under

18 U.S.C. § 3582

(c)(2) (2000). Jones argued that he qualified for a sentence

reduction under Sentencing Guidelines Amendment 599, U.S.

Sentencing Guidelines Manual (“USSG”) App. C (Supp. 2000), which

amended the application notes of USSG § 2K2.4. In its margin

notation denying the action, the district court stated that Jones’

“sentence [was] calculated as a career offender.” (R. 57).

Because Amendment 599 would not provide Jones with a lower

sentence, see United States v. Hickey,

280 F.3d 65, 69

(lst Cir.

2002) (holding that because defendant was sentenced as a career

offender, Amendment 599 was inapplicable), we affirm. 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

- 2 -

Reference

Status
Unpublished