UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7202
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHANE FELLS, a/k/a Quasim Yusef Johnson, a/k/a Q,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
Senior District Judge. (3:94-cr-00046-H-1)
Submitted: December 20, 2016 Decided: December 22, 2016
Before GREGORY, Chief Judge, and WYNN and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Shane Fells, Appellant Pro Se. David A. Bragdon, Matthew Fesak,
Edward D. Gray, Assistant United States Attorneys, Lawrence
Jason Cameron, Shailika S. Kotiya, Joshua Bryan Royster, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shane Fells appeals the district court’s order granting his
18 U.S.C. § 3582(c)(2) (2012) motion for a sentence reduction
under Amendment 782. * We have reviewed the record and conclude
that the district court did not abuse its discretion in
declining to grant a larger reduction in Fells’ sentence. See
United States v. Mann, 709 F.3d 301, 304 (4th Cir. 2013)
(standard of review); see also Dillon v. United States, 560 U.S.
817, 825-27 (2010) (explaining that § 3582(c)(2) proceeding is
not full resentencing); United States v. Smalls, 720 F.3d 193,
195-96 (4th Cir. 2013) (recognizing that district court is
presumed, absent contrary indication, to have considered
relevant factors when ruling on § 3582(c)(2) motion).
Accordingly, we affirm the district court’s order. United
States v. Fells, No. 3:94-cr-00046-H-1 (E.D.N.C. Aug. 30, 2016).
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
*
Although the district court granted Fells’ motion and
sentenced Fells within the reduced amended Guidelines range, the
reduction granted by the court was less than the reduction
sought by Fells.
2