United States of America v. Jermaine Monte Berry, a/k/a B-Bop

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7350
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAINE MONTE BERRY, a/k/a B-Bop,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:03-cr-00037-RLV-5)
Submitted: January 14, 2016 Decided: January 20, 2016
Before AGEE, WYNN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jermaine Monte Berry, 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Unpublished opinions are not binding precedent in this circuit.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:
Jermaine Monte Berry appeals from the district court’s
order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for
reduction of sentence based on Amendment 782 to the Sentencing
Guidelines. Application of Amendment 782 to Berry does not have
the effect of lowering his Guidelines sentence. Accordingly, he
is not entitled to a sentence reduction under § 3582(c)(2).
Because the district court did not err in denying Berry’s
motion, we affirm. We deny Berry’s motion for appointment of
counsel. 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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