United States v. Albert Edgerton
Opinion
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Albert Edgerton appeals the district court’s order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2)' (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. * See Edgerton v. United States, No. 5:08-cr-00271-BR-1, 2012 WL 1902920 (E.D.N.C. June 10, 2014). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED.
As the district court determined, it found Edg-erton responsible for 150.55 grams of cocaine base, 3,118.06 grams of cocaine, and one pound of marijuana at sentencing. However, as noted by Edgerton, the court’s written statement of reasons stated that his cocaine base drug quantity was the slightly lower amount of 150.15 grams. When there is a conflict between the court's written judgment and its oral pronouncement of the sentence, the oral sentence controls. See United States v. Osborne, 345 F.3d 281, 283 n. 1 (4th Cir. 2003). Moreover, in this case, even if the lower cocaine base quantity of 150.15 grams were used, Edgerton would still have a base offense level of 32 under the current amended Guidelines. See U.S. Sentencing Guidelines Manual § 2D1.1(c)(4) & cmt. n. 8 (2013).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Albert EDGERTON, Defendant-Appellant
- Status
- Unpublished