United States of America v. John Marquis Johnson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7543
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN MARQUIS JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:08-cr-01258-RBH-5)
Submitted: January 23, 2014 Decided: February 5, 2014
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John Marquis Johnson, Appellant Pro Se. Alfred William Walker
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John Marquis Johnson appeals the district court’s text
order denying his motion for a reduction of his sentence.
Johnson argues that he should be resentenced in light of this
Court’s decision in United States v. Simmons, 649 F.3d 237 (4th
Cir. 2011) (en banc). However, Johnson’s claim is not
cognizable under 18 U.S.C. § 3582(c) (2012). Accordingly, we
affirm the district court’s order denying relief. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED

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