United States of America v. James O. Jeter

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7102
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES O. JETER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:05-cr-00081-JRS-1)
Submitted: April 2, 2010 Decided: May 4, 2010
Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James O. Jeter, Appellant Pro Se. Olivia N. Hawkins, OFFICE OF
THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James O. Jeter appeals the district court's order
denying his motion for reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Jeter, No. 3:05-cr-
00081-JRS-1 (E.D. Va. April 29, 2009). In addition, we find the
basis for the court’s decision is sufficiently clear to permit
appellate review. See United States v. Carter, 564 F.3d 325,
328 (4th Cir. 2009) (holding, on direct appeal, that sentencing
court must demonstrate that it has considered the parties’
arguments and has a reasoned basis for exercising its
discretion). Finally, we reject Jeter’s contention that United
States v. Booker, 543 U.S. 220 (2005), should have been applied
to his case; we find that Booker has no relevance to Jeter’s
proceeding. 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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