UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8261
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGINALD LAVERNE ROBERTS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Malcolm J. Howard,
Senior District Judge. (4:05-cr-00102-H-1)
Submitted: March 17, 2009 Decided: March 23, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Reginald Laverne Roberts, Appellant Pro Se. John Howarth
Bennett, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, North
Carolina, Rudolf A. Renfer, Jr., Assistant United States
Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Reginald Laverne Roberts appeals the district court’s
order granting his motion filed pursuant to 18 U.S.C.
§ 3582(c)(2) (2006), for a reduction in the term of imprisonment
based on a guideline range that has subsequently been lowered
and made retroactive by the United States Sentencing Commission
pursuant to 28 U.S.C. § 944(u) (2006). Roberts claims on appeal
that the district court’s order erroneously states that the
amended guideline range applicable to Roberts is sixty to
seventy-one months’ imprisonment, rather than fifty-seven to
seventy-one months. Roberts fails to recognize that the
district court’s order reflects the statutory mandatory minimum
term attributable to Roberts’ crime. See 21 U.S.C.
§ 841(b)(1)(B)(iii) (2006).
Accordingly, we affirm the district court’s order
granting Roberts’ motion for reduction of sentence. 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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