United States of America v. Ronald Sheridan Kelley, a/k/a Boobie

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7352
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD SHERIDAN KELLEY, a/k/a Boobie,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:91-cr-00189-1)
Submitted: February 26, 2009 Decided: March 5, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ronald Sheridan Kelley, Appellant Pro Se. John J. Frail,
Assistant United States Attorney, Charleston, West Virginia;
Lisa Grimes Johnston, Assistant United States Attorney,
Huntington, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronald Sheridan Kelley appeals the district court’s
order granting his motion for reduction of sentence pursuant to
18 U.S.C. § 3582(c) (2006). Kelley argues that the district
court erred by not also decreasing his criminal history category
from II to I. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Kelley, No. 3:91-cr-
00189-1 (S.D.W. Va. July 17, 1008); 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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