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UNITED STATES of America, Plaintiff-Appellee, v. Anthony Lewis GLENN, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2010-05-11No. No. 09-7496
377 F. App'x 333

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Opinion

majority opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Anthony Lewis Glenn appeals from the district court’s order granting his 18 U.S.C. § 3582 (2006) motion for a sentence reduction based upon the crack cocaine amendments to the Sentencing Guidelines. On appeal, Glenn asserts that, given the changes in law since he was originally sentenced, the court should have recalculated his Guidelines range without certain enhancements. However, “proceedings under § 3582(c)(2) do not constitute a full resentencing of the defendant.... Rather, § 3582(c)(2) and U.S.S.G. § 1B1.10 are narrow provisions that allow a limited reduction of sentence by the amount specified in an amendment, while prohibiting a complete reevaluation.” United States v. Dunphy, 551 F.3d 247, 251-52 (4th Cir.) (internal quotation marks omitted), cert. denied, — U.S. -, 129 S.Ct. 2401, 173 L.Ed.2d 1296 (2009). In addition, the district court may only consider the effect of the retroactive amendment, not any other sentencing or Guidelines issues. U.S. Sentencing Guidelines Manual § 1B1.10, p.s., comment, (n. 2) (2009). Accordingly, we affirm. We deny Glenn’s motion for appointment of counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.