United States of America v. Akbar Taylor

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7640
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AKBAR TAYLOR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:05-cr-00330-JRS-1)
Submitted: February 19, 2009 Decided: February 24, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Akbar Taylor, Appellant Pro Se. Peter Sinclair Duffey,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Akbar Taylor appeals a district court order denying
his motion for a sentence reduction submitted under 18 U.S.C.
§ 3582(c) (2006). We have reviewed the record and the district
court’s order and find no abuse of discretion. Accordingly,
because the amendments to the Guidelines did not affect his
offense level, we affirm on the reasoning of the district court.
See United States v. Taylor, No. 3:05-cr-00330-JRS-1 (E.D. Va.
July 28, 2008). We note Taylor was not entitled to a
resentencing hearing. See United States v. Dunphy, 551 F.3d 247
(4th Cir. 2009) (“[A] district judge is not authorized to reduce
a defendant’s sentence below the amended guideline range.”). We
also deny Taylor’s motion for remand. 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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