United States of America v. Lashun D. Burton

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6031
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LASHUN D. BURTON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior
District Judge. (2:00-cr-00094-RGD-1)
Submitted: September 26, 2012 Decided: October 23, 2012
Before MOTZ, AGEE, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lashun D. Burton, Appellant Pro Se. Howard Jacob Zlotnick,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Lashun D. Burton filed a “Motion to be appointed
counsel,” seeking an attorney to assist him with filing a 18
U.S.C. § 3582 (2006) motion for reduction of sentence based upon
Amendment 750 to the Sentencing Guidelines. The district court
construed the motion as a § 3582 motion and granted it, reducing
Burton’s sentence from 241 months to 212 months in prison. On
appeal, Burton claims that the court erred in construing his
filing as a § 3582 motion. Because Burton failed to raise this
claim in district court and because he fails to show any
prejudice from the district court’s ruling, we affirm the
district court’s judgment. 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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