United States v. McCollum

U.S. Court of Appeals for the Fourth Circuit

United States v. McCollum

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7626

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LEON MCCOLLUM, a/k/a Leon McCullough, a/k/a Black,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:06-cr-00082-RBH-1)

Submitted: January 14, 2010 Decided: January 21, 2010

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Leon McCollum, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Leon McCollum appeals the district court’s order

denying his

18 U.S.C. § 3582

(c) (2006) motion for reduction of

sentence. We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. United States v. McCollum, No. 4:06-cr-00082-

RBH-1 (D.S.C. filed Aug. 11, 2009, entered Aug. 12, 2009).

McCollum’s challenge to the career offender enhancement cannot

be addressed in a § 3582 motion. See United States v. Dunphy,

551 F.3d 247, 251-53

(4th Cir.) (holding that “proceedings under

§ 3582(c) do not constitute a full resentencing”), cert. denied,

129 S. Ct. 240

(2009). 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Unpublished