United States v. James

U.S. Court of Appeals for the Fourth Circuit
United States v. James, 400 F. App'x 785 (4th Cir. 2010)

United States v. James

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Demorris Alexander James appeals the district court’s order granting his 18 U.S.C. § 3582(c)(2) (2006) motion and reducing his sentence from 180 months’ to 150 months’ imprisonment based on a two-level reduction. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. James, No. 2:05-cr-00161-JBF-JEB-1 (E.D.Va. Jan. 6, 2010); see also Dillon v. United States, — U.S.-,-, 130 S.Ct. 2683, 2693-94, 177 L.Ed.2d 271 (2010) (clarifying that § 3582(c)(2) does not authorize a resentencing, but rather permits a sentence reduction within the narrow bounds established by the Commission, and concluding that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), does not apply to § 3582(c)(2) proceedings). 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Demorris Alexander JAMES, Defendant—Appellant
Status
Unpublished