Filed: Mar. 22, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6019 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALVIN JOHNSON, a/k/a Dawg, a/k/a Dog, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:13-cr-00110-HEH-1) Submitted: March 17, 2016 Decided: March 22, 2016 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Alvin Johns
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6019 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ALVIN JOHNSON, a/k/a Dawg, a/k/a Dog, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:13-cr-00110-HEH-1) Submitted: March 17, 2016 Decided: March 22, 2016 Before WILKINSON, NIEMEYER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Alvin Johnso..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6019
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALVIN JOHNSON, a/k/a Dawg, a/k/a Dog,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:13-cr-00110-HEH-1)
Submitted: March 17, 2016 Decided: March 22, 2016
Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Alvin Johnson, Appellant Pro Se. Olivia L. Norman, OFFICE OF
THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alvin Johnson appeals the district court’s order granting
his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence
reduction under Amendment 782. * We have reviewed the record and
conclude that the district court did not abuse its discretion in
declining to grant a larger reduction in Johnson’s sentence.
See United States v. Mann,
709 F.3d 301, 304 (4th Cir. 2013)
(standard of review); U.S. Sentencing Guidelines Manual § 1B1.10
cmt. n.1(B) (2015) (addressing appropriate factors to consider
in ruling on § 3582(c)(2) motion); see also Dillon v. United
States,
560 U.S. 817, 825-27 (2010) (explaining that
§ 3582(c)(2) proceeding is not full resentencing); United States
v. Smalls,
720 F.3d 193, 195-96 (4th Cir. 2013) (recognizing
that district court is presumed, absent contrary indication, to
have considered relevant factors when ruling on § 3582(c)(2)
motion). Accordingly, we affirm the district court’s order.
United States v. Johnson, No. 3:13-cr-00110-HEH-1 (E.D. Va.,
Dec. 18, 2015). We deny Johnson’s motion for appointment of
counsel. We dispense with oral argument because the facts and
*
Although the district court granted Johnson’s motion, the
reduction granted by the court was less than the reduction
sought by Johnson.
2
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
3