UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7026
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BRICELYN MARCEL RUSSELL,
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-00220-RBS-1)
Submitted: March 31, 2009 Decided: April 15, 2009
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Bricelyn Marcel Russell, 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Unpublished opinions are not binding precedent in this circuit.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:
Bricelyn Marcel Russell seeks to appeal the district
court’s order denying his motion for reduction of sentence under
18 U.S.C. § 3582 (2006). Russell was originally sentenced at
the bottom of his guideline range to 360 months in prison. The
district court subsequently granted the Government’s motions
under Fed. R. Crim. P. 35(b) and reduced Russell’s sentence to
180 months. In denying Russell’s § 3582(c)(2) motion, the
district court determined that his amended guideline range under
the crack cocaine amendments was 292 to 365 months’
imprisonment; noted the court had already reduced his sentence
to 180 months; and denied his motion for a further reduction.
On appeal, Russell challenges the district court’s
reasoning for denying his motion. Because we conclude that the
district court lacked authority under 18 U.S.C. § 3582(c)(2) to
reduce Russell’s term of imprisonment to a term that was less
than the bottom of the amended guideline range, we affirm. See
United States v. Dunphy, 551 F.3d 247, 250, 252 (4th Cir. 2009).
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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