UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6707
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DUVELL MOZART EVERETT,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:07-cr-00001-REP-1)
Submitted: September 10, 2012 Decided: September 17, 2012
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Duvell Mozart Everett, Appellant Pro Se. Norval George Metcalf,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Duvell Mozart Everett appeals the district court’s
order granting his 18 U.S.C. § 3582(c)(2) (2006) motion for a
sentence reduction. We review an order granting or denying a
§ 3582 motion for a sentence reduction for abuse of discretion.
See United States v. Munn, 595 F.3d 183, 186 (4th Cir. 2010)
(citing United States v. Goines, 357 F.3d 469, 478 (4th Cir.
2004)). “A district court abuses its discretion if it . . .
bases its exercise of discretion on an erroneous factual or
legal premise.” DIRECTV, Inc. v. Rawlins, 523 F.3d 318, 323
(4th Cir. 2008) (citing James v. Jacobson, 6 F.3d 233, 239 (4th
Cir. 1993)). We have thoroughly reviewed the record and
conclude that the district court did not abuse its discretion in
rejecting Everett’s arguments for a reduction greater than that
awarded. Accordingly, we affirm the district court’s order. 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 in the decisional process.
AFFIRMED
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