United States v. Chamblee

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-6775

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

RUDOLPH ALI CHAMBLEE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:96-cr-00140-jcc-1)

Submitted: October 21, 2008 Decided: December 4, 2008

Before TRAXLER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Rudolph Ali Chamblee, Appellant Pro Se. Laura Marie Everhart,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Rudolph Ali Chamblee appeals from the district court’s

denial of his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction

of his sentence based upon Amendments 706 and 711 to the

Sentencing Guidelines. The district court denied the motion on

the grounds that (1) the court lacked jurisdiction to further

reduce the sentence which had already been reduced under Fed. R.

Crim. P. 35(b) for Chamblee’s substantial assistance and (2) the

court had already considered the substance of the Amendments

when granting the Rule 35 motion. Without further analysis of

the district court’s holding, we conclude that application of

the amendments would not change Chamblee’s pre-departure offense

level or Guidelines range. Accordingly, a reduction in sentence

under § 3582 was not appropriate. See U.S. Sentencing

Guidelines Manual § 1B1.10(a)(2)(B), p.s. (2007 & Supp. 2008).

We therefore affirm the district court’s denial of Chamblee’s

motion for reduction of his sentence. We deny Chamblee’s

motions for appointment of counsel and reconsideration. We

grant his motion to amend his informal brief. 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