UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7522
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID ANTHONY STEWART,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:07-cr-00016-JPB-DJJ-1)
Submitted: April 26, 2012 Decided: April 30, 2012
Before GREGORY, AGEE, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David Anthony Stewart, Appellant Pro Se. Thomas Oliver Mucklow,
Assistant United States Attorney, Martinsburg, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
David Anthony Stewart appeals the district court’s
order sua sponte reducing his 121-month sentence to 120 months,
pursuant to 18 U.S.C. § 3582(c)(2) (2006) and Amendment 750 to
the U.S. Sentencing Guidelines Manual. We have reviewed the
record and conclude the district court properly found that it
was limited to reducing Stewart’s sentence by only one month.
See United States v. Munn, 595 F.3d 183, 186 (4th Cir. 2010)
(explaining that this court reviews de novo the district court’s
“conclusion on the scope of its legal authority under
§ 3582(c)(2)”); see also Dillon v. United States, 130 S. Ct.
2683, 2690–92 (2010) (clarifying that § 3582(c)(2) does not
authorize a resentencing, but rather permits a sentence
reduction within the narrow bounds established by the Sentencing
Commission). Accordingly, we affirm for the reasons stated by
the district court. See United States v. Stewart, No. 3:07–cr–
00016–JPB–DJJ–1 (N.D.W. Va. Nov. 1, 2011). We deny Stewart’s
motion for the appointment of counsel. 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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