Opinion

United States v. Barnes

  • 193 F. App'x 187
Court
Court of Appeals for the Fourth Circuit
Filed
Aug 1, 2006
Status
Published
On the bench
Gregory, Niemeyer, Wilkinson
Cited by
0 cases
Authority
More cited than 12.8%

The opinion

PER CURIAM:

Marcel Barnes appeals the district court’s order granting his 18 U.S.C. § 3582 (c)(2) (2000) motion and reducing his sentence from life in prison to 360 months. We reject Barnes’ claim on appeal that he can raise a challenge to his sentence under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), in a § 3582(c)(2) motion. See United States v. Moreno, 421 F.3d 1217, 1220-21 (11th Cir.2005), cert. denied, —U.S. —, 126 S.Ct. 1643 , 164 L.Ed.2d 351 (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Barnes, No. CR-94-52 (E.D.Va. Nov. 4, 2005). 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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