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  • United States v. Dutton, 4th Cir. (2008)

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    Larry Dean Dutton appealed the district court's denial of his motion to modify or reduce his 235-month prison term. Dutton argued that his 1995 sentencing guideline range was incorrectly calculated. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no error in the denial of Dutton's motion. The court dispensed with oral arguments, as the facts and legal issues were adequately explained in the court documents.

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    Filed: 2008-04-03 Precedential Status: Non-Precedential Docket: 07-7692

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    Larry Dean Dutton appealed the district court's denial of his motion to modify or reduce his 235-month prison term. Dutton argued that his 1995 sentencing guideline range was incorrectly calculated. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no error in the denial of Dutton's motion. The court dispensed with oral arguments, as the facts and legal issues were adequately explained in the court documents.

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    1 views2 pages

    United States v. Dutton, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Larry Dean Dutton appealed the district court's denial of his motion to modify or reduce his 235-month prison term. Dutton argued that his 1995 sentencing guideline range was incorrectly calculated. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no error in the denial of Dutton's motion. The court dispensed with oral arguments, as the facts and legal issues were adequately explained in the court documents.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7692

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    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. (3:94-cr-00103-GCM)

    Submitted:

    March 27, 2008

    Decided:

    April 3, 2008

    Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Larry Dean Dutton, Appellant Pro Se.


    Gretchen C. F. Shappert,
    United States Attorney, Charlotte, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Larry Dean Dutton appeals the district courts order
    denying his Nunc Pro Tunc Motion for Modification or Reduction of
    235

    Month

    Term

    of

    Imprisonment.

    Dutton,

    citing

    18

    U.S.C.

    3582(c) (2000), alleged that the guideline range for his 1995
    sentence was calculated incorrectly.

    He asked the district court

    to resentence him based on a correctly calculated guideline range.


    The district court denied the motion.
    and find no reversible error.

    We have reviewed the record

    Accordingly, we affirm on the

    reasoning of the district court.

    United States v. Dutton, No.

    3:94-cr-00103-GCM (W.D.N.C. Oct. 29, 2007).

    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

    - 2 -

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