US v. Nathaniel Osborne, No. 08-8264 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8264 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NATHANIEL JEROME OSBORNE, a/k/a Rome, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:95-cr-00139-HCM-1) Submitted: April 16, 2009 Decided: April 23, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Nathaniel Jerome Osborne, Appellant Pro Se. Laura Pellatiro Tayman, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nathaniel Jerome Osborne appeals the district court s order granting his motion for reduction of sentence under 18 U.S.C. ยง 3582(c) (2006). no reversible error. We have reviewed the record and find Accordingly, we affirm. United States v. Osborne, No. 2:95-cr-00139-HCM-1 (E.D. Va. filed Sept. 22, 2008 & entered Sept. 23, 2008); see United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) ( [A] district judge is not authorized to reduce a defendant s sentence below the amended guideline range. ). We deny Osborne s motion abeyance for Dunphy as moot. to place the case in 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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