UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7118
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DUDLEY KIM SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. James P. Jones, Chief
District Judge. (3:99-cr-00007-jpj-6)
Submitted: April 22, 2010 Decided: April 26, 2010
Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dudley Kim Smith, Appellant Pro Se. Bruce A. Pagel, OFFICE OF
THE UNITED STATES ATTORNEY, Charlottesville, Virginia; Jeb
Thomas Terrien, Assistant United States Attorney, Harrisonburg,
Virginia; Donald Ray Wolthuis, Assistant United States Attorney,
Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dudley Smith appeals the district court’s order
granting his 18 U.S.C. § 3582(c) (2006) motion. Insofar as
Smith claims the court could have considered an even lower
sentence below the Sentencing Guidelines range, this claim is
foreclosed by United States v. Dunphy, 551 F.3d 247 (4th Cir.)
(“[A] district judge is not authorized to reduce a defendant’s
sentence below the amended guideline range.”), cert. denied, 129
S. Ct. 2401 (2009). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Smith, No. 3:99-cr-
00007-jpj-1 (W.D. Va. June 11, 2008). 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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