United States of America v. Edgar Nelson Pitts, a/k/a Marlon Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7010
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDGAR NELSON PITTS, a/k/a Marlon Smith,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg. James C. Turk, Senior
District Judge. (6:94-cr-70068-jct-2)
Submitted: February 19, 2009 Decided: February 24, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Edgar Nelson Pitts, Appellant Pro Se. Thomas Jack Bondurant,
Jr., Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Edgar Nelson Pitts appeals from the district court’s
order granting in part his 18 U.S.C. § 3582(c)(2) (2006) motion
for reduction of sentence based on the crack cocaine amendments
to the Sentencing Guidelines. The district court reduced Pitts’
sentence to the minimum of the amended Guidelines range. Pitts
asserts that the district court erred in failing to further
reduce his sentence. However, the district court lacked
jurisdiction to further reduce Pitts’ sentence. See United
States v. Dunphy, 551 F.3d 247 (4th Cir. 2009). Accordingly, we
affirm the district court’s order and deny Pitts’ motion for
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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