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  • United States v. Hawkins, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jamie Sylvester Hawkins' motion to reduce his sentence. The court summarized that Hawkins was classified as a career offender under sentencing guidelines section 4B1.1, so his offense level was based on his career offender status rather than the drug quantity table in section 2D1.1(c) that was amended by Amendment 706. As such, Amendment 706 did not impact Hawkins' sentence. The appeals court dispensed with oral argument and affirmed the lower court's ruling.

    Original Description:

    Filed: 2011-06-02 Precedential Status: Non-Precedential Docket: 10-7629

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jamie Sylvester Hawkins' motion to reduce his sentence. The court summarized that Hawkins was classified as a career offender under sentencing guidelines section 4B1.1, so his offense level was based on his career offender status rather than the drug quantity table in section 2D1.1(c) that was amended by Amendment 706. As such, Amendment 706 did not impact Hawkins' sentence. The appeals court dispensed with oral argument and affirmed the lower court's ruling.

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    13 views2 pages

    United States v. Hawkins, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jamie Sylvester Hawkins' motion to reduce his sentence. The court summarized that Hawkins was classified as a career offender under sentencing guidelines section 4B1.1, so his offense level was based on his career offender status rather than the drug quantity table in section 2D1.1(c) that was amended by Amendment 706. As such, Amendment 706 did not impact Hawkins' sentence. The appeals court dispensed with oral argument and affirmed the lower court's ruling.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7629

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JAMIE SYLVESTER HAWKINS, a/k/a Jaime Sylvester Hawkins,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Alexander Williams, Jr., District
    Judge. (8:00-cr-00565-AW-1)

    Submitted:

    May 19, 2011

    Decided:

    June 2, 2011

    Before NIEMEYER, DUNCAN, and DAVIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Jamie Sylvester Hawkins, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jamie Sylvester Hawkins appeals the district courts
    order denying his motion filed pursuant to 18 U.S.C. 3582(c)
    (2006).

    We have reviewed the record and find no reversible

    error because, as a career offender, Hawkins offense level was


    determined

    based

    on

    his

    status

    as

    career

    offender,

    U.S.

    Sentencing Guidelines Manual 4B1.1, rather than on relevant


    conduct under USSG 2D1.1(c). Amendment 706 of the Guidelines
    did not impact 4B1.1.

    Accordingly, we affirm.

    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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