United States of America v. Herman C. Newman

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7112
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HERMAN C. NEWMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. James P. Jones, Chief
District Judge. (3:95-cr-00066-JPJ-14)
Submitted: February 20, 2009 Decided: March 12, 2009
Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Herman C. Newman, Appellant Pro Se. Jean Barrett Hudson,
Assistant United States Attorney, Charlottesville, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Herman C. Newman appeals the district court’s order
granting his motion for reduction of sentence, 18 U.S.C.
§ 3582(c)(2) (2006), and reducing his sentence to 150 months in
prison. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. United States v. Newman, No. 3:95-cr-00066-JPJ-
14 (W.D. Va. June 23, 2008); see United States v. Dunphy, 551
F.3d 247, 257 (4th Cir. 2009) (“When a sentence is within the
guidelines applicable at the time of the original sentencing, in
an 18 U.S.C. § 3582(c)(3) resentencing hearing, a district judge
is not authorized to reduce a defendant’s sentence below the
amended guideline range.”). 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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