USCA4 Appeal: 22-6199 Doc: 7 Filed: 08/23/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6199

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JERMAINE ANTONIO ARMSTRONG,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Senior District Judge. (4:04-cr-00634-TLW-1)

Submitted: July 25, 2024 Decided: August 23, 2024

Before WILKINSON, GREGORY, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jermaine Antonio Armstrong, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6199 Doc: 7 Filed: 08/23/2024 Pg: 2 of 2

PER CURIAM:

Jermaine Antonio Armstrong appeals the district court’s order and amended

judgment granting his motion for a sentence reduction under § 404(b) of the First Step Act

of 2018,

Stat. 5194 and reducing his sentence to 336 months’

imprisonment and denying his motion for reconsideration. Armstrong asserts that the court

erred by increasing his sentence for the covered offense while reducing the overall

sentence. We need not address Armstrong’s assertion because the court also stated an

alternate sentence that does not raise the same issues. Thus, even if there was error, the

error is harmless in light of the alternate sentence. Accordingly, we affirm the district

court’s orders and amended judgment. 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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