Filed: Jun. 23, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6023 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SPENCER PETERS, a/k/a Smoke, Defendant -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 Affirmed by unpublished per curiam opinion.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, Ap
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6023 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SPENCER PETERS, a/k/a Smoke, Defendant -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 Affirmed by unpublished per curiam opinion.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, App..
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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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. Peter Sinclair Duffey,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.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. We have reviewed the record and find no reversible
error. We need not address whether the district court erred in
finding Peters ineligible for a sentence reduction under
Amendment 750 to the Sentencing Guidelines. 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 the safety risk that the
defendant poses to the public.” Peters does not challenge this
aspect of the district 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.”) 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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