United States of America v. Larry Lee Haynes

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6395
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LARRY LEE HAYNES,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. Solomon Blatt, Jr., Senior
District Judge. (5:95-cr-00064-SB-1)
Submitted: July 30, 2009 Decided: August 5, 2009
Before MOTZ, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Larry Lee Haynes, Appellant Pro Se. Sean Kittrell, Assistant
United States Attorney, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Larry Lee Haynes appeals the district court’s order
granting his motion for a sentence reduction under 18 U.S.C.
§ 3582(c)(2) (2006). Haynes relies on Amendment 706 to the
Sentencing Guidelines as the basis for his motion. See U.S.
Sentencing Guidelines Manual, App. C. Amend. 706. The district
court lowered Haynes’ sentence from 360 months to 292 months of
imprisonment, the bottom of his recalculated sentencing range
under the Amendment. Nonetheless, Haynes appeals. To the
extent Haynes seeks a sentence below his amended Guidelines
range, we deny relief based on our recent decision in United
States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009).
Accordingly, we affirm. 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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