United States v. Speagle

U.S. Court of Appeals for the Fourth Circuit December 20, 2011

United States v. Speagle, 458 F. App'x 320 (4th Cir. 2011)

Opinion of the Court

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Andrew Speagle, Sr., appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of sentence based on the Government’s failure to file a U.S. Sentencing Guidelines Manual (“USSG”) § 5K1.1 motion for a downward departure. Because Speagle’s claim is not a proper basis for a motion under 18 U.S.C. § 3582(c)(2), see USSG § 1B1.10 cmt. n. 1(A), we affirm the district court’s order.* We dispense with *321oral 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.

We may affirm a district court's judgment on any grounds apparent from the record. See *321MM ex rel. DM v. Sch. Dist. of Greenville Cnty., 303 F.3d 523, 536 (4th Cir. 2002).

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee v. John Andrew SPEAGLE, Sr., Defendant—Appellant
Status: Published