US v. Edgar Pitts, No. 08-7010 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7010 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EDGAR NELSON PITTS, a/k/a Marlon Smith, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. James C. Turk, Senior District Judge. (6:94-cr-70068-jct-2) Submitted: February 19, 2009 Decided: February 24, 2009 Before WILKINSON, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Edgar Nelson Pitts, Appellant Pro Se. Thomas Jack Bondurant, Jr., Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edgar Nelson Pitts appeals from the district court s order granting in part his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of sentence based on the crack cocaine amendments to the Sentencing Guidelines. The district court reduced Pitts sentence to the minimum of the amended Guidelines range. asserts that reduce his jurisdiction the district court erred sentence. However, to reduce further the Pitts in failing sentence. to further court district States v. Dunphy, 551 F.3d 247 (4th Cir. 2009). Pitts lacked See United Accordingly, we affirm the district court s order and deny Pitts motion for appointment of counsel. 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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