US v. John Proctor, No. 11-6168 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6168 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JOHN RICHARD PROCTOR, Defendant Appellant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:04cr-00160-RWT-1) Submitted: June 16, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit Judges, June 20, 2011 and HAMILTON, Affirmed by unpublished per curiam opinion. John Richard Proctor, Appellant Pro Se. Barbara Slaymaker Sale, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Richard Proctor appeals from the district court s order granting his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006), and reducing his sentence from 324 months to 292 months. He contends that the court erred by only reducing his offense level by one, instead of the two authorized by the amendment to the Guidelines. We have discretion. reviewed The district the record court, and upon find no abuse determining that of a reduction was warranted, appropriately applied the Guidelines as amended and Guideline, as sentenced provided therefore affirm. facts and materials legal before Proctor in this under the court s career prior offender opinion. We We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 2

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