US v. Dudley Smith, No. 08-7118 (4th Cir. 2010)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7118 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DUDLEY KIM SMITH, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. James P. Jones, Chief District Judge. (3:99-cr-00007-jpj-6) Submitted: April 22, 2010 Decided: April 26, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Dudley Kim Smith, Appellant Pro Se. Bruce A. Pagel, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia; Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia; Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dudley Smith appeals the district court s order granting his 18 U.S.C. § 3582(c) (2006) motion. Insofar as Smith even claims the court could have considered an lower sentence below the Sentencing Guidelines range, this claim is foreclosed by United States v. Dunphy, 551 F.3d 247 (4th Cir.) ( [A] district judge is not authorized to reduce a defendant s sentence below the amended guideline range. ), cert. denied, 129 S. Ct. 2401 (2009). reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. United States v. Smith, No. 3:99-cr- 00007-jpj-1 (W.D. Va. June 11, 2008). 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.