U.S. Court of Appeals for the Fourth Circuit, 2009

United States v. Kuzon

United States v. Kuzon
U.S. Court of Appeals for the Fourth Circuit · Decided March 5, 2009 · Niemeyer, Michael, Gregory
314 F. App'x 557

United States v. Kuzon

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Warren Kuzon appeals the district court’s orders granting his motion for re *558 duction of sentence under 18 U.S.C. § 3582(c)(2) (2006), and summarily denying his motion for reconsideration. Kuzon asserts on appeal that the district court erred in declining to sentence him below the amended Guidelines range for crack cocaine sentences, contending that a lower sentence would be permitted by Gall v. United States, —U.S.-, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), Kimbrough v. United States, —U.S.-, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). However, this argument is foreclosed by this court’s decision in United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009). Moreover, the district court did not abuse its discretion in imposing a sentence at the high end of the amended Guidelines range. See United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004). Accordingly, 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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