US v. Robert Jeffrey, Jr., No. 08-6924 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6924 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ROBERT LARRY JEFFREY, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:98-cr-00145-HCM-5) Submitted: February 26, 2009 Decided: March 4, 2009 Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Larry Jeffrey, Jr., Appellant Pro Se. Scott W. Putney, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert court s order Larry Jeffrey, granting his Jr., motion appeals for pursuant to 18 U.S.C. § 3582(c) (2006). the reduction district of sentence Jeffrey argues that the district court erred by not conducting a full resentencing. have reviewed the record and find no reversible We error. United States v. Jeffrey, No. 2:98-cr- Accordingly, we affirm. 00145-HCM-5 (E.D. Va. filed May 14; entered May 21, 2008); see United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) ( When a sentence is within the guidelines applicable at the time of the original sentencing, in resentencing hearing, a judge reduce a range. ). legal before defendant s sentence below 18 is the U.S.C. not § 3582(c) authorized amended to guideline We dispense with oral argument because the facts and contentions the district an court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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