United States of America v. Demond Andre Jackson, a/k/a D.J.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8099
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEMOND ANDRE JACKSON, a/k/a D.J.,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:99-cr-00015-5)
Submitted: April 16, 2009 Decided: April 23, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jeffrey M. Brandt, ROBINSON & BRANDT, P.S.C., Covington,
Kentucky, for Appellant. Charles T. Miller, United States
Attorney, Blaire L. Malkin, Assistant United States Attorney,
Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Demond Jackson appeals from the district court’s order
granting in part his 18 U.S.C. § 3582(c) (2006) motion for
reduction of sentence based upon the crack cocaine amendments to
the Sentencing Guidelines. The district court reduced Jackson’s
sentence to the low end of his amended Guidelines range; Jackson
asserts that the district court erred by failing to apply the
Guidelines as advisory and consider a lower sentence. However,
because the district court lacked authority to reduce Jackson’s
sentence further, we affirm. 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) 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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