United States of America v. MURVILLE LAVELLE LAMPKIN, AKA Lamar

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MURVILLE LAVELLE LAMPKIN, AKA
Lamar,
Defendant - Appellant.
No. 23-2091
D.C. No.
3:15-cr-00005-SLG-DMS-5
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted March 26, 2024**
Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.
Murville Lavelle Lampkin appeals pro se from the district court’s second
amended judgment entered following the court’s order reducing Lampkin’s
sentence to 168 months under 18 U.S.C. § 3582(c)(1)(A)(i). We have jurisdiction
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 4 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-2091
under 28 U.S.C. § 1291, and we affirm.
Lampkin contends that the district court incorrectly calculated the
Guidelines range that would apply to him if he were sentenced without a 21 U.S.C.
§ 851 enhancement. This assertion is not supported by the record, which shows
that the court took correct account of the First Step Act’s non-retroactive changes
to the applicable mandatory minimum and the Attorney General’s recent guidance
regarding the filing of an § 851 information, and did not abuse its discretion by
declining to reduce the sentence further. See United States v. Chen, 48 F.4th 1092,
1094, 1098 (9th Cir. 2022).
AFFIRMED.

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