UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6901
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RUSSELL ANTOYNE HOLT,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:99-cr-00021-JPB-1)
Submitted: February 26, 2009 Decided: March 4, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Brian Joseph Kornbrath, Federal Public Defender, Clarksburg,
West Virginia, for Appellant. Paul Thomas Camilletti, Assistant
United States Attorney, Martinsburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Russell Antoyne Holt appeals the district court’s
order granting in part and denying in part his motion for
reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). Holt
asserts on appeal that the district court erred in declining to
sentence him below the amended Guidelines range for crack
cocaine sentences, contending that a lower sentence would be
permitted by Kimbrough v. United States, 128 S. Ct. 558 (2007),
and United States v. Booker, 543 U.S. 220 (2005). However, this
argument is foreclosed by this court’s decision in United States
v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009). Moreover, the
district court did not abuse its discretion in imposing a
sentence at the low end of the amended Guidelines range. See
United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004).
Accordingly, we affirm the order of the district court. We deny
Holt’s motion for appointment of counsel. 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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