Opinion

United States v. Brown

  • 623 F. App'x 101
Court
Court of Appeals for the Fourth Circuit
Filed
Nov 24, 2015
Status
Published
On the bench
Harris, King, Niemeyer
Cited by
0 cases
Authority
More cited than 14.0%

The opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Norris Juandron Brown appeals the district court’s order denying his 18 U.S.C. § 3582 (c)(2) (2012) motion for a sentence reduction. We generally review an order granting or denying a § 3582(c)(2) motion for abuse of discretion. See United States v. Gomes, 357 F.3d 469, 478 (4th Cir.2004). We review de novo, however, a district court’s determination of the scope of its authority under § 3582(c)(2). United States v. Dunphy, 551 F.3d 247, 250 (4th Cir.2009). Here, because Brown was sentenced as a career offender, Amendment

782 to the Sentencing Guidelines, which reduced the offense levels applicable to drug offenses, did not have the effect of lowering his applicable Guidelines range. We therefore 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 in 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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