US v. Jesse Johnson, No. 08-8442 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8442 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESSE JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:06-cr-00048-TSE-1) Submitted: July 23, 2009 Decided: July 27, 2009 Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Jeffrey M. Brandt, ROBINSON & BRANDT, P.S.C., Covington, Kentucky, for Appellant. Dana J. Boente, Acting United States Attorney, Michael C. Vasiliadis, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jesse Johnson appeals the district court s order granting his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) district (2006). court Johnson erred in asserts declining to on appeal sentence him that the below the amended Guidelines range for crack cocaine offenses, contending that a lower sentence would be permitted by Kimbrough v. United States, 128 S. Ct. 558 (2007), and United States v. Booker, 543 U.S. 220 (2005). However, this argument is foreclosed by this court s decision in United States v. Dunphy, 551 F.3d 247, 257 (4th Cir.), cert. denied, 129 S. Ct. 2401 (2009). we affirm the order of the district court. oral argument adequately because presented in the the facts and materials Accordingly, We dispense with legal before contentions the court are and argument would not aid the decisional process. AFFIRMED 2

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