United States of America v. Waynely Brown

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6611
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WAYNELY BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (1:99-cr-00075-LHT-2)
Submitted: July 23, 2009 Decided: July 30, 2009
Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Waynely Brown, Appellant Pro Se. Amy Elizabeth Ray, Assistant
United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Waynely Brown appeals the district court’s order
denying his motion for reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006). Brown asserts on appeal that the district
court erred in declining to sentence him below the amended
Guidelines range for crack cocaine offenses, contending that a
lower sentence would be permitted by Kimbrough v. United States,
552 U.S. 85 (2007), and United States v. Booker, 543 U.S. 220
(2005). However, this argument is foreclosed by this court’s
decision in United States v. Dunphy, 551 F.3d 247, 257 (4th
Cir.), cert. denied, __ S. Ct. __ (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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