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

United States v. Robinson

United States v. Robinson
U.S. Court of Appeals for the Fourth Circuit · Decided May 26, 2009 · Motz, Traxler, Agee
331 F. App'x 258

United States v. Robinson

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Robinson appeals the district court’s order granting his 18 U.S.C. § 3582(c) (2006) motion. We find the district did not abuse its discretion in granting Robinson’s motion for a sentence reduction. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating standard of review). Insofar as Robinson 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, 256 (4th Cir. 2009), petition for cert filed, 77 U.S.L.W. 3559,-U.S.-, 129 S.Ct. 2401, 173 L.Ed.2d 1296 (2009) (“[A] district judge is not authorized to reduce a defendant’s sentence below the amended guideline range.”). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Robinson, No. 1:91-cv-00161-1 (E.D.Va. July 14, 2008). 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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