US v. Darnell Dunn, No. 15-7494 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7494 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARNELL MICHAEL DUNN, a/k/a Doughboy, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:11-cr-00274-FL-1) Submitted: December 15, 2015 Before GREGORY Circuit Judge. and FLOYD, Decided: Circuit Judges, December 18, 2015 and DAVIS, Senior Affirmed by unpublished per curiam opinion. Darnell Michael Dunn, Appellant Pro Se. Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darnell Michael Dunn appeals the district court’s orders granting U.S.C. his motion for a sentence § 3582(c)(2)(2012) reconsideration. reversible We error. and have reduction denying reviewed Because the the pursuant his to motion record and Government’s find 18 for no substantial assistance motion was based on U.S. Sentencing Guidelines Manual § 5K1.1 and not 18 U.S.C. § 3553(e) (2012), the district court lacked authority to reduce Dunn’s sentence below the statutory mandatory minimum. Melendez v. United States, 518 U.S. 120, 126-27 (1996); United States v. Allen, 450 F.3d 565, 568-70 (4th Cir. 2006). was without Further, as the district court correctly noted, it authority reconsideration. orders. legal before to rule on Dunn’s motion for Accordingly, we affirm the district court’s We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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