UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8442
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESSE JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:06-cr-00048-TSE-1)
Submitted: July 23, 2009 Decided: July 27, 2009
Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jeffrey M. Brandt, ROBINSON & BRANDT, P.S.C., Covington,
Kentucky, for Appellant. Dana J. Boente, Acting United States
Attorney, Michael C. Vasiliadis, Special Assistant United States
Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jesse Johnson appeals the district court’s order
granting his motion for reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006). Johnson asserts on appeal that the
district court erred in declining to sentence him below the
amended Guidelines range for crack cocaine offenses, 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.), cert. denied, 129 S. Ct. 2401 (2009). Accordingly,
we affirm the order 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
2