US v. Wallace Johnson, No. 08-6915 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6915 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WALLACE LEE JOHNSON, a/k/a Boo, Defendant - Appellant. No. 08-6922 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WALLACE LEE JOHNSON, a/k/a Boo, Defendant - Appellant. Appeals from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:04-cr-00008-JPB-DJJ-l; 3:04-cr-00010JPB-3) Submitted: March 17, 2009 Decided: Before TRAXLER, KING, and AGEE, Circuit Judges. March 20, 2009 Affirmed by unpublished per curiam opinion. Brian Joseph Kornbrath, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Clarksburg, West Virginia, for Appellant. Paul Thomas Camilletti, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Martinsburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Wallace Lee Johnson appeals the district court s order granting in modification (2006). part of and sentence denying pursuant in part his 18 U.S.C. to motions for § 3582(c)(2) Johnson received the full sentence reduction available under Amendment 706 to the sentencing guidelines. contentions that the court could have considered Johnson s a sentence below the amended guideline range or that he was entitled to a full sentencing hearing under United States v. Booker, 543 U.S. 220 (2005), are foreclosed by our decision in United States v. Dunphy, 551 F.3d 247 (4th Cir. 2009). Accordingly, we affirm the We decision of the district court. 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 3

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