US v. Samuel Phillips, No. 12-6646 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6646 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SAMUEL CLIVE PHILLIPS, a/k/a Jungle, a/k/a Culture, a/k/a David, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:93-cr-00131-HCM-5) Submitted: September 27, 2012 Decided: October 1, 2012 Before MOTZ, DAVIS, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Samuel Clive Phillips, Appellant Pro Se. Kevin Michael Comstock, Robert Joseph Seidel, Jr., Assistant United States Attorneys, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Samuel order denying sentence Clive his reduction Guidelines, as appeals U.S.C. 18 Phillips 3582(c)(2) based well as on its § Amendment order the 750 district (2006) to denying the his court s motion for Sentencing motion for reconsideration. Our review of the record demonstrates that Amendment did range. 750 not See U.S. Sentencing We also conclude (2011). authority to reconsideration. facts legal that the Manual § 2D1.1(c)(1) district Phillips Guidelines court lacked motion for See United States v. Goodwyn, 596 F.3d 233, orders. and Phillips Guidelines entertain 235-36 (4th Cir. 2010). court s alter We Accordingly, we affirm the district dispense contentions with are oral argument adequately because presented in the the materials before the court and argument would not aid in the decisional process. AFFIRMED 2

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