US v. Sean Johnson, No. 10-6203 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6203 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SEAN DARRELL JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:98-cr-00138-WLO-2) Submitted: May 7, 2010 Decided: May 26, 2010 Before MOTZ, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Sean Darrell Johnson, Appellant Pro Se. L. Patrick Auld, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sean Darrell Johnson appeals a district court order denying his motion for U.S.C. § 3582(c) (2006). a sentence reduction filed under 18 We affirm. The legal interpretations of the Sentencing Guidelines and the amendments are reviewed de novo. reviewed for clear error. Factual findings are See United States v. Turner, 59 F.3d 481, 483-84 (4th Cir. 1995). This court reviews the denial of a motion for a reduction in the sentence under § 3582(c)(2) for abuse of discretion. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004). Our review of the transcripts shows the district court did not err in concluding Johnson was accountable for at least five kilograms of crack cocaine. a sentence affirm the Thus, he was not eligible for reduction under Amendment district court s order. 706. We Accordingly, dispense with we 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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