United States of America v. Robert Larry Jeffrey, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6924
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT LARRY JEFFREY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr.,
Senior District Judge. (2:98-cr-00145-HCM-5)
Submitted: February 26, 2009 Decided: March 4, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Larry Jeffrey, Jr., Appellant Pro Se. Scott W. Putney,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Larry Jeffrey, Jr., appeals the district
court’s order granting his motion for reduction of sentence
pursuant to 18 U.S.C. § 3582(c) (2006). Jeffrey argues that the
district court erred by not conducting a full resentencing. We
have reviewed the record and find no reversible error.
Accordingly, we affirm. United States v. Jeffrey, No. 2:98-cr-
00145-HCM-5 (E.D. Va. filed May 14; entered May 21, 2008); 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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