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United States v. John Smith, 4th Cir. (2015)
United States v. John Smith, 4th Cir. (2015)
No. 15-7000
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. Gina M. Groh, Chief
District Judge. (3:02-cr-00064-GMG-7)
Submitted:
Decided:
November 3, 2015
PER CURIAM:
John Paul Smith appeals the district courts order denying
his motion for a sentence reduction under 18 U.S.C. 3582(c)(2)
(2012) based on Amendment 782.
find no reversible error.
Accordingly, we affirm.
and
the
policy statements.
is
not
therefore
is
consistent
with
consistent
not
reduction
with
authorized
applicable
under
policy
3582(c)(2)
applicable
A reduction
statements
if
an
and
amendment
USSG 1B1.10(a)(2)(B).
We review a district
USSG 1B1.10(b)(1);
In making
such
determination,
the
court
shall
substitute
only
the
and
shall
leave
decisions unaffected.
in
USSG
1B1.10(d)
all
other
guideline
USSG 1B1.10(b)(1).
include
not
only
application
Amendments listed
Amendment
782,
which
657
and
750,
which
changed
the
Drug
Equivalency
583.0393
grams
of
oxycodone.
Under
the
2002
Sentencing
criminal
history
category
of
and
20-year
statutory
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED