UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6800
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN LENWOOD WRIGHT, a/k/a June Bug,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:02-cr-00539-CMH-1)
Submitted: February 19, 2009 Decided: February 23, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John Lenwood Wright, Appellant Pro Se. Kimberly Ann Riley,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Lenwood Wright appeals the district court’s
denial of his motion for reconsideration of the district court’s
order granting his 18 U.S.C. § 3582(c)(2) (2006) motion for
reduction of sentence and reducing his sentence to 135 months’
imprisonment. Wright contends that he is eligible for a full
resentencing, beyond the limited sentence reduction granted him
by the district court under Amendment 706 to the U.S. Sentencing
Guidelines Manual (“USSG”), which reduced the base offense
levels for drug offenses involving cocaine base. See USSG
§ 2D1.1(c) (2008); USSG App. C Amend. 706. Wright argues that
USSG § 1B1.10, which limits the extent by which a court may
reduce a defendant’s sentence under 18 U.S.C. § 3582, runs afoul
of the Supreme Court’s remedial holding in United States v.
Booker, 543 U.S. 220 (2005). However, we expressly rejected
this contention in United States v. Dunphy, 551 F.3d 247, 252-55
(4th Cir. 2009). We have reviewed the record and find that the
district court did not abuse its discretion in declining to
grant a further reduction in Wright’s sentence. Accordingly, we
affirm the judgment of the district court. 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
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