UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6408
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HAYWARD JEROME NICHOLS, a/k/a Boobie,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:02-cr-00037-RLV-8)
Submitted: August 5, 2009 Decided: August 24, 2009
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Reita P. Pendry, Charlotte, North Carolina, for Appellant.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Hayward Jerome Nichols appeals the district court’s order
denying his motion for reduction of sentence, 18 U.S.C.
§ 3582(c)(2) (2006), in which he sought the benefit of Amendment
706 of the sentencing guidelines. The record reflects that, at
sentencing, the district court granted the Government’s motion
for downward departure based on Nichol’s substantial assistance.
See U.S. Sentencing Guidelines Manual § 5K1.1 (2000). The court
sentenced Nichols to 210 months in prison⎯well below the
mandatory life sentence to which he was subject and below his
advisory Guidelines range of 292-365 months.
We recently held that “in reducing a sentence under . . .
§ 5K1.1, the sentencing court does not apply a Guidelines
sentencing range.” United States v. Hood, 556 F.3d 226, 235
(4th Cir. 2009). Therefore, Nichols was not “sentenced based on
a sentencing range that has . . . been lowered,” 18 U.S.C.
§ 3582(c)(2), and his sentence is not subject to further
reduction under § 3582(c)(2). See id.
Accordingly, we affirm the denial of relief. 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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