United States of America v. Sharon White

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7601
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHARON WHITE,
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-3)
Submitted: April 16, 2009 Decided: April 22, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sharon White, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sharon White appeals a district court order granting
her motion for a sentence reduction under 18 U.S.C. § 3582(c)
(2006). The district court applied Amendment 706 of the
Sentencing Guidelines to White’s total offense level and reduced
her sentence to the low end of the amended Guidelines range of
imprisonment. We affirm.
We find the district court did not abuse its
discretion re-sentencing White to the low end of the amended
Guidelines range of imprisonment. United States v. Goines, 357
F.3d 469, 478 (4th Cir. 2004) (stating standard of review).
Insofar as White argues the court could have considered an even
lower sentence, this claim is foreclosed by United States v.
Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) (“[A] district judge
is not authorized to reduce a defendant’s sentence below the
amended guideline range.”).
Accordingly, we affirm the order granting White a
sentence reduction. We deny her 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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