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  • Padgett v. United States, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Darrell Padgett's motion for a reduction of his sentence under 18 U.S.C. 3582(c)(2). Padgett based his motion on Amendment 591 to the U.S. Sentencing Guidelines. The appeals court reviewed the record and determined that applying Amendment 591 would not change the calculation of Padgett's sentence. Therefore, the court granted Padgett's request to proceed in forma pauperis but affirmed the district court's order denying the motion.

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    Filed: 2004-07-21 Precedential Status: Non-Precedential Docket: 04-6199

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Darrell Padgett's motion for a reduction of his sentence under 18 U.S.C. 3582(c)(2). Padgett based his motion on Amendment 591 to the U.S. Sentencing Guidelines. The appeals court reviewed the record and determined that applying Amendment 591 would not change the calculation of Padgett's sentence. Therefore, the court granted Padgett's request to proceed in forma pauperis but affirmed the district court's order denying the motion.

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    Padgett v. United States, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Darrell Padgett's motion for a reduction of his sentence under 18 U.S.C. 3582(c)(2). Padgett based his motion on Amendment 591 to the U.S. Sentencing Guidelines. The appeals court reviewed the record and determined that applying Amendment 591 would not change the calculation of Padgett's sentence. Therefore, the court granted Padgett's request to proceed in forma pauperis but affirmed the district court's order denying the motion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6199

    DARRELL L. PADGETT,
    Petitioner - Appellant,
    versus
    UNITED STATES OF AMERICA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Bluefield. Elizabeth V. Hallanan,
    Senior District Judge. (CR-91-166; CA-03-571-1)

    Submitted:

    July 15, 2004

    Decided:

    July 21, 2004

    Before MOTZ, KING, and GREGORY, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Darrell L. Padgett, Appellant Pro Se. Michael Lee Keller, OFFICE OF


    THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Darrell L. Padgett appeals from the district courts
    adoption of the magistrate judges recommendation to deny Padgetts
    18 U.S.C. 3582(c)(2) (2000) motion for reduction of his sentence.
    Padgett based his motion on Amendment 591 to the United States
    Sentencing Guidelines. Because our review of the record shows that
    application of Amendment 591 would not change the calculation of
    Padgetts sentence, we grant leave to proceed in forma pauperis and
    affirm the order of the district court.

    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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