US v. Reginald Roberts, No. 08-8261 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8261 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. REGINALD LAVERNE ROBERTS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:05-cr-00102-H-1) Submitted: March 17, 2009 Decided: March 23, 2009 Before TRAXLER, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Reginald Laverne Bennett, OFFICE OF Carolina, Rudolf Attorney, Raleigh, Roberts, Appellant Pro Se. John Howarth THE UNITED STATES ATTORNEY, Greenville, North A. Renfer, Jr., Assistant United States North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Reginald Laverne Roberts appeals the district court s order granting his motion filed pursuant to 18 U.S.C. § 3582(c)(2) (2006), for a reduction in the term of imprisonment based on a guideline range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 944(u) (2006). that the amended district guideline court s range order erroneously applicable seventy-one months imprisonment, seventy-one months. Roberts Roberts claims on appeal states than sixty to to Roberts rather the fifty-seven to that fails to is recognize that the district court s order reflects the statutory mandatory minimum term attributable to Roberts crime. See 21 U.S.C. § 841(b)(1)(B)(iii) (2006). Accordingly, we affirm the district court s granting Roberts motion for reduction of sentence. order 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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