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

United States v. Moffett

United States v. Moffett
U.S. Court of Appeals for the Fourth Circuit · Decided May 26, 2009 · Shedd, Duncan, Hamilton
325 F. App'x 225

Counsel

Darryl L. Moffett, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

United States v. Moffett

Opinion

PER CURIAM:

Darryl L. Moffett appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). Moffett argues that the district court erred by failing to reduce his sentence under Amendment 706 of the Guidelines, see U.S. Sentencing Guidelines Manual (“USSG”) § 2Dl.l(c) (2008); USSG App. C, Amend. 706. We have reviewed the record and find the district court properly exercised its discretion after considering the applicable 18 U.S.C. § 3553(a) (2006) factors. Accordingly, 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.

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