United States v. James

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6774 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DEMORRIS ALEXANDER JAMES, Defendant – Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (2:05-cr-00161-JBF-JEB-1) Submitted: October 14, 2010 Decided: November 3, 2010 Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Demorris Alexander James, Appellant Pro Se. Sherrie Scott Capotosto, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Demorris Alexander James appeals the district court’s order granting his 18 U.S.C. § 3582(c)(2) (2006) motion and reducing his sentence from 180 months’ to 150 months’ imprisonment based on a two-level reduction. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. James, No. 2:05-cr-00161-JBF-JEB-1 (E.D. Va. Jan. 6, 2010); see also Dillon v. United States, 130 S. Ct. 2683, 2693-94 (2010) (clarifying that § 3582(c)(2) does not authorize a resentencing, but rather permits a sentence reduction within the narrow bounds established by the Commission, and concluding that United States v. Booker, 543 U.S. 220 (2005), does not apply to § 3582(c)(2) proceedings). 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