# United States v. Brown

> Court of Appeals for the Fourth Circuit · July 30, 2009

URL: https://www.frixlaw.com/law-library/cases/1029559

## Case

- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** July 30, 2009
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-6611

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

WAYNELY BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (1:99-cr-00075-LHT-2)

Submitted: July 23, 2009 Decided: July 30, 2009

Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Waynely Brown, Appellant Pro Se. Amy Elizabeth Ray, Assistant
United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Waynely Brown appeals the district court’s order

denying his motion for reduction of sentence under 18 U.S.C.

§ 3582(c)(2) (2006). Brown asserts on appeal that the district

court erred in declining to sentence him below the amended

Guidelines range for crack cocaine offenses, contending that a

lower sentence would be permitted by Kimbrough v. United States,

552 U.S. 85 (2007), and United States v. Booker, 543 U.S. 220

(2005). However, this argument is foreclosed by this court’s

decision in United States v. Dunphy, 551 F.3d 247, 257 (4th

Cir.), cert. denied, __ S. Ct. __ (2009). 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 the court and argument would

not aid the decisional process.

AFFIRMED

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1029559. Public record. Not legal advice.