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United States v. Stern

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 1, 2017
No. 17-6010 (4th Cir. Jun. 1, 2017)

Opinion

No. 17-6010

06-01-2017

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAYMOND STERN, a/k/a Cuz, Defendant - Appellant.

Raymond Stern, Appellant Pro Se. David Ira Salem, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, District Judge. (1:08-cr-00439-JKB-1) Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Raymond Stern, Appellant Pro Se. David Ira Salem, Assistant United States Attorney, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Raymond Stern appeals the district court's order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence reduction. We review a district court's decision whether to reduce a sentence under § 3582(c)(2) for abuse of discretion, and a district court's ruling as to the scope of its legal authority under § 3582(c)(2) de novo. United States v. Mann, 709 F.3d 301, 304 (4th Cir. 2013). Here, the district court correctly concluded that Stern was not eligible for a sentence reduction. Because Stern was sentenced pursuant to a Fed. R. Crim. P. 11(c)(1)(C) agreement that specified the offense level but not the criminal history category or the advisory Guidelines range, and did not link the sentence to any particular Guidelines range, his sentence was based on the plea agreement and not a Guidelines range. See United States v. May, ___ F.3d ___. No. 15-7912, 2017 WL 1479288 (4th Cir. Apr. 25, 2017). We therefore 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 in the decisional process.

AFFIRMED


Summaries of

United States v. Stern

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jun 1, 2017
No. 17-6010 (4th Cir. Jun. 1, 2017)
Case details for

United States v. Stern

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAYMOND STERN, a/k/a…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jun 1, 2017

Citations

No. 17-6010 (4th Cir. Jun. 1, 2017)