US v. Spencer Peters, No. 14-6023 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6023 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SPENCER PETERS, a/k/a Smoke, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cr-00186-REP-2) Submitted: June 19, 2014 Decided: June 23, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Spencer Peters, Appellant Pro Se. Assistant United States Attorney, Appellee. Peter Sinclair Duffey, Richmond, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Spencer Peters appeals the district court s order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a reduction of sentence. error. We have reviewed the record and find no reversible We need not address whether the district court erred in finding Peters ineligible for a sentence Amendment 750 to the Sentencing Guidelines. reduction under The district court alternatively held that, even if Peters were eligible, it would decline to grant such a reduction in view of the nature and extent of the offense conduct and defendant poses to the public. aspect of the district the safety risk that the Peters does not challenge this court s decision on appeal, and we conclude that the court did not abuse its discretion in denying the requested relief. See United States v. Smalls, 720 F.3d 193, 195 (4th Cir. 2013) ( Whether to reduce a sentence and to what extent is a matter within the court s discretion. ) dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 2

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