United States v. Shorter

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-7063

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

WILLIAM SHORTER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:98-cr-00192-JCC-3)

Submitted: November 10, 2009 Decided: December 16, 2009

Before MICHAEL and KING, 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Affirmed by unpublished per curiam opinion.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. Chuck Rosenberg, United States
Attorney, Morris R. Parker, Jr., Assistant United States
Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

William Shorter appeals the district court’s order

granting his 18 U.S.C. § 3582(c) (2006) motion. Shorter argues

that he should receive a new full sentencing hearing in light of

United States v. Booker, 543 U.S. 220 (2005), or at least

resentencing applying the Sentencing Guidelines as advisory.

This claim is without merit. See United States v. Dunphy, 551

F.3d 247, 251-53 (4th Cir.) (holding that “proceedings under

§ 3582(c)(2) do not constitute a full resentencing of the

defendant” and stating that the rule in Booker regarding proof

requirements for facts that increase criminal penalties “has no

application to proceedings under § 3582(c)(2)”), cert. denied,

129 S. Ct. 2401 (2009). We have reviewed the record and find no

reversible error. * 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

*
We note that the Government did not file a cross-appeal to
challenge the district court’s amended sentence below the
mandatory minimum 240-month sentence. Therefore, the alleged
error may not be addressed on appeal. See Greenlaw v. United
States, 128 S. Ct. 2559, 2564-67 (2008).