UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7153
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHNNY JOSEPH, a/k/a Joe Sanders,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron McGowan Currie, District
Judge. (4:00-cr-00067-CMC-1)
Submitted: February 19, 2009 Decided: February 24, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Johnny Joseph, Appellant Pro Se. Alfred William Walker Bethea,
Jr., Assistant United States Attorney, Florence, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Johnny Joseph appeals from the district court’s order
granting in part his 18 U.S.C. § 3582(c)(2) (2006) motion for
reduction of sentence based on the crack cocaine amendments to
the Sentencing Guidelines. The district court reduced Joseph’s
sentence to the minimum of the amended Guidelines range. Joseph
asserts that the district court erred in failing to recalculate
his drug quantity and in failing to permit him to respond to the
Probation Office’s recommendation. However, in a § 3582
proceeding, the district court may only consider the effect of
the retroactive amendment, not any other sentencing or
Guidelines issues. United States Sentencing Guidelines Manual
§ 1B1.10, p.s., comment. (n.2) (2008). Further, any procedural
error by the district court was harmless, as Joseph was
sentenced to the lowest available sentence. See United
States v. Dunphy, 551 F.3d 247 (4th Cir. 2009) (holding that
district court lacks jurisdiction to reduce sentence below
minimum of amended Guidelines range). Accordingly, we affirm
the district court’s order. We grant Joseph’s motion to file
supplemental authorities and deny his motion for remand. We
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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