US v. Willshawn Jones, No. 08-7149 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7149 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILLSHAWN JONES, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., District Judge. (7:02-cr-00244-HMH-13) Submitted: October 27, 2008 Decided: January 28, 2009 Before MOTZ, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Willshawn Jones, Appellant Pro Se. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willshawn Jones appeals the district court s denying his motion under 18 U.S.C. § 3582(c) (2006). reviewed the record properly denied and because find that Jones is the § 3582(c) ineligible n.10(D)(ii)(II) (2008). Accordingly, we find error and affirm the district court s order. No. dispense We have motion a was sentence See U.S. Sentencing Guidelines Manual § 2D1.1 cmt. reduction. Jones, for order 7:02-cr-00244-HMH-13 with oral argument (D.S.C. because June the no reversible United States v. 6, 2008). facts and We 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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