United States of America v. John Richard Proctor

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6168
UNITED STATES OF AMERICA,
Plaintiff ─ Appellee,
v.
JOHN RICHARD PROCTOR,
Defendant ─ Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:04-
cr-00160-RWT-1)
Submitted: June 16, 2011 Decided: June 20, 2011
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
John Richard Proctor, Appellant Pro Se. Barbara Slaymaker Sale,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John Richard Proctor appeals from the district court’s
order granting his motion for reduction of sentence pursuant to
18 U.S.C. § 3582(c) (2006), and reducing his sentence from 324
months to 292 months. He contends that the court erred by only
reducing his offense level by one, instead of the two authorized
by the amendment to the Guidelines.
We have reviewed the record and find no abuse of
discretion. The district court, upon determining that a
reduction was warranted, appropriately applied the Guidelines as
amended and sentenced Proctor under the career offender
Guideline, as provided in this court’s prior opinion. We
therefore 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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