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  • United States v. Dutton, 4th Cir. (2006)

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    Larry Dean Dutton appealed the district court's denial of his motion to modify his sentence under 18 U.S.C. § 3582(c)(2). The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The Fourth Circuit held that United States v. Booker, which rendered the U.S. Sentencing Guidelines advisory, does not apply to sentence modification motions under § 3582(c). As such, the Fourth Circuit affirmed the district court's denial of Dutton's motion to modify his sentence.

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    Filed: 2006-03-29 Precedential Status: Non-Precedential Docket: 05-7669

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    Larry Dean Dutton appealed the district court's denial of his motion to modify his sentence under 18 U.S.C. § 3582(c)(2). The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The Fourth Circuit held that United States v. Booker, which rendered the U.S. Sentencing Guidelines advisory, does not apply to sentence modification motions under § 3582(c). As such, the Fourth Circuit affirmed the district court's denial of Dutton's motion to modify his sentence.

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    9 views2 pages

    United States v. Dutton, 4th Cir. (2006)

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    Scribd Government Docs
    Larry Dean Dutton appealed the district court's denial of his motion to modify his sentence under 18 U.S.C. § 3582(c)(2). The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The Fourth Circuit held that United States v. Booker, which rendered the U.S. Sentencing Guidelines advisory, does not apply to sentence modification motions under § 3582(c). As such, the Fourth Circuit affirmed the district court's denial of Dutton's motion to modify his sentence.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7669

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    LARRY DEAN DUTTON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Graham C. Mullen, Senior
    District Judge. (CR-94-103-MU)

    Submitted: March 23, 2006

    Decided: March 29, 2006

    Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Larry Dean Dutton, Appellant Pro Se. Amy Elizabeth Ray, OFFICE OF
    THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Larry Dean Dutton appeals the district courts order
    denying relief on a motion to modify his sentence under 18 U.S.C.
    3582(c)(2) (2000).

    We have reviewed the record and find no

    reversible error. Accordingly, we affirm for the reasons stated by


    the district court.

    See United States v. Dutton, No. CR-94-103-MU

    (W.D.N.C. filed Sept. 29, 2005 & entered Sept. 30, 2005) ; see also
    United States v. Moreno, 421 F.3d 1217, 1220 (11th Cir. 2005)
    (holding

    United

    States

    v.

    Booker,

    543

    inapplicable to 3582(c) motions.).

    U.S.

    220

    (2005),

    is

    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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