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United States v. Dario Gomez-Juarez, 4th Cir. (2015)
United States v. Dario Gomez-Juarez, 4th Cir. (2015)
United States v. Dario Gomez-Juarez, 4th Cir. (2015)
No. 14-4636
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:12-cr-00274-D-4)
Submitted:
Decided:
July 7, 2015
Jenna Turner Blue, BLUE STEPHENS & FELLERS LLP, Raleigh, North
Carolina, for Appellant.
Thomas G. Walker, United States
Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant
United States Attorneys, Raleigh, North Carolina, for Appellee.
PER CURIAM:
Dario Gomez-Juarez pleaded guilty without a plea agreement
to
conspiracy
to
distribute
and
possess
with
intent
to
counts);
and
eluding
examination
and
inspection
within-Guidelines
sentence
of
180
months
by
He received
imprisonment.
remanded
to
Amendment
782
amendment
that
the
to
district
the
court
for
Sentencing
reduced
the
resentencing
Guidelines,
base
offense
to
apply
retroactive
levels
in
U.S.
We
affirm.
The
district
court
properly
applied
the
Guidelines
in
based
on
retroactive
Guidelines
amendment.
See
United States v. Johnson, 587 F.3d 625, 640 (4th Cir. 2009);
United
States
v.
Brewer,
520
F.3d
(same).
367,
373
(4th
Cir.
2008)
of
the
Juarezs
right
district
to
pursue
court
relief
without
under
prejudice
to
3582(c)(2)
Gomezin
the
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED