UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6009
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RAFAEL CEE-ERWIN SOLOMON, a/k/a J, a/k/a Rip,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
Chief District Judge. (3:11-cr-00203-1)
Submitted: March 29, 2016 Decided: April 1, 2016
Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Rafael Cee-Erwin Solomon, Appellant Pro Se. Richard Gregory
McVey, Assistant United States Attorney, Huntington, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rafael Cee-Erwin Solomon appeals the denial of his motion
for a sentence reduction under Amendment 782 pursuant to 18
U.S.C. § 3582(c)(2) (2012). “We review de novo a district
court’s ruling on the scope of its legal authority under 18
U.S.C. § 3582(c)(2).” United States v. Williams, 808 F.3d 253,
256 (4th Cir. 2015). Solomon argues that United States v. Munn,
595 F.3d 183, 192 (4th Cir. 2010) authorizes the modification of
a career offender’s sentence where, as in his case, a downward
variance was granted. But even if our holding in Munn, which
considered an overrepresentation departure, could encompass a
downward variance, the Sentencing Commission abrogated Munn by
defining “applicable guideline range” as “the guideline range
that corresponds to the offense level and criminal history
category determined . . . before consideration of any departure
provision . . . or any variance.” U.S. Sentencing Guidelines
Manual App. C, Amend. 759 (2011); see USSG § 1B1.10 cmt.n.1(A).
Accordingly, we affirm for the reasons stated by the district
court. United States v. Solomon, No. 3:11-cr-00203-1 (S.D.W.
Va. Nov. 25, 2015; Dec. 14, 2015). We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED
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