UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7019
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
THOMAS LEE ASHBY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:00-cr-00146-REP-2)
Submitted: October 15, 2009 Decided: October 21, 2009
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas Lee Ashby, Jr., Appellant Pro Se. Brian R. Hood, OFFICE
OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Lee Ashby, Jr., appeals a district court order
denying his motion for a sentence reduction filed under 18
U.S.C. § 3582(c) (2006). We affirm.
The legal interpretations of the Sentencing Guidelines
and the amendments are reviewed de novo. Factual findings are
reviewed for clear error. See United States v. Turner, 59 F.3d
481, 483-84 (4th Cir. 1995). This court reviews the denial of a
motion for a reduction in the sentence under § 3582(c)(2) for
abuse of discretion. United States v. Goines, 357 F.3d 469, 478
(4th Cir. 2004).
We find the district court did not err in concluding
that at sentencing Ashby was held responsible for more than 4.5
kilograms of crack cocaine. Thus, he was not eligible for a
sentence reduction under Amendment 706. Insofar as Ashby
suggests the court could have considered an even greater
reduction to his offense level, this claim is foreclosed by
United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009).
Accordingly, we affirm the district court’s order. 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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