Sean Fontae Whitley appeals the district courts order denying, in part, Whitleys motion for a sentence reduction under the First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 519, because the court deemed a reduction in Whitleys prison term to be “not appropriate.”
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On appeal, Whitley conceded that, if the district court was merely exercising its discretion to refuse to reduce Whitleys sentence, then it committed no error. Whitley thus asked that this court vacate the district courts order and remand the matter so the district court could clarify whether it was aware it had discretion to reduce Whitleys sentence. We soon thereafter granted the Governments unopposed motion to remand the matter for the limited purpose of allowing the district court to clarify its order. The district court has clarified its order, explaining that it fully understood the scope of its authority in refusing to reduce Whitleys sentence. We thus affirm the district courts order. See United States v. Whitley, No. 5:04-cr-00166-H-1 (E.D.N.C. Aug. 6, 2019). We deny as moot the Governments motion for summary disposition. 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
FOOTNOTES
FOOTNOTE
. The district court granted Whitleys motion, in part, and reduced Whitleys term of supervised release.
PER CURIAM:
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.