United States of America v. Michael C. Brannon

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7306
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL C. BRANNON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (7:98-cr-00637-HMH-2)
Submitted: February 19, 2009 Decided: February 24, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Michael C. Brannon, Appellant Pro Se. James D. Galyean,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael C. Brannon appeals from the district court’s
order granting in part his 18 U.S.C. § 3582(c)(2) (2006) motion
for reduction of sentence based on the crack cocaine amendments
to the Sentencing Guidelines. The district court reduced
Brannon’s sentence to the minimum of the amended Guidelines
range. Brannon asserts that the district court erred in failing
to further reduce his sentence. Brannon’s argument is
foreclosed by our decision in United States v. Dunphy, 551 F.3d
247 (4th Cir. 2009). Accordingly, we affirm the district
court’s order. 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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