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

United States v. Speagle

U.S. Court of Appeals for the Fourth Circuit · Decided December 20, 2011 · Davis, Gregory, Shedd

458 F. App'x 320

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Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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).

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