U.S. Court of Appeals for the Fourth Circuit, 2017

United States v. Joel Artis

United States v. Joel Artis
U.S. Court of Appeals for the Fourth Circuit · Decided April 6, 2017 · Thacker, Harris, Davis
684 F. App'x 314

United States v. Joel Artis

Opinion

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Joel Devon Artis appeals from the district court’s denial of his 18 U.S.C. § 3582(c)(2) (2012) motions to reduce his drug possession sentences in light of Amendment 782 to the Sentencing Guidelines. The district court first stated that it lacked the discretion to reduce Artis’ sentences. Our subsequent decision in United States v. Muldrow, 844 F.3d 434, 439 (4th Cir. 2016), undermines this conclusion. However, the district court alternately reasoned that, even if it had the discretion to lower Artis’ sentences, it would decline to do so in order to protect public safety and in view of Artis’ poor performance on supervision. We conclude that this alternate ruling does not constitute an abuse of discretion.

Accordingly, we affirm the district court’s order. 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

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