Filed: Aug. 02, 2016
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6539 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OSHAWN LOUIS COPELAND, a/k/a Lou, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:09-cr-00157-F-2) Submitted: July 28, 2016 Decided: August 2, 2016 Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per cur
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6539 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OSHAWN LOUIS COPELAND, a/k/a Lou, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:09-cr-00157-F-2) Submitted: July 28, 2016 Decided: August 2, 2016 Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6539
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OSHAWN LOUIS COPELAND, a/k/a Lou,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:09-cr-00157-F-2)
Submitted: July 28, 2016 Decided: August 2, 2016
Before MOTZ and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Oshawn Louis Copeland, Appellant Pro Se. Tobin Webb Lathan,
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Unpublished opinions are not binding precedent in this circuit.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:
Oshawn Louis Copeland appeals the district court’s order
denying his motion for a sentence reduction pursuant to
18 U.S.C. § 3582(c)(2) (2012). Generally, we review an order
denying a § 3582(c)(2) motion for abuse of discretion. See
United States v. Munn,
595 F.3d 183, 186 (4th Cir. 2010). We
review de novo, however, a district court’s determination of the
scope of its authority under § 3582(c)(2). United States v.
Williams,
808 F.3d 253, 256 (4th Cir. 2015).
Based on our review of the record and relevant legal
authorities, we conclude that the district court did not err in
denying Copeland’s motion, as it lacked authority to grant
Copeland a sentence reduction under § 3582(c)(2), despite the
downward departure he received at sentencing. See U.S.
Sentencing Guidelines Manual App. C, Amend. 759 (2011) (defining
“applicable guideline range”); see also USSG § 1B1.10
(prescribing rules of eligibility for sentence reduction).
Accordingly, we affirm the district court’s order. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED
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