Professional Documents
Culture Documents
No. 08-8310
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Chief
District Judge. (3:94-cr-00079-JRS-10)
Submitted:
NIEMEYER,
Decided:
Circuit
Judges,
June 2, 2011
and
HAMILTON,
Corwin Tyrell Woodson, Appellant Pro Se. James Brien Comey, Jr.,
Norman Scott Sacks, OFFICE OF THE UNITED STATES ATTORNEY,
Richard Daniel Cooke, Stephen Wiley Miller, Assistant United
States Attorneys, Richmond, Virginia; William Neil Hammerstrom,
Jr., Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
PER CURIAM:
Corwin
Tyrell
Woodson
appeals
from
the
district
of
Woodsons
consideration.
We
3582
motion
dismiss
the
and
appeal
We vacate the
remand
of
for
the
further
motion
for
reconsideration.
finding
The
district
that
Woodson
resulting
in
applicable
court
had
sentence
Guidelines
denied
Woodsons
previously
84-months
range.
received
below
The
3582
the
court
low
noted
motion,
departure
end
of
that
the
this
appeal,
found
Woodson
that
Pursuant
he
to
asserts
was
not
U.S.
that
the
eligible
Sentencing
district
for
Guidelines
court
sentence
Manual
USSG 1B1.10(b)(2).
district
court
stated
that
the
84-month
However,
amended
Guidelines
range.
The
determination
of
category,
percentage,
flat
number
of
months
to
See
United States v. Fennell, 592 F.3d 506, 509 (4th Cir. 2010).
Under each of these methods, Woodson would have been eligible
for a reduction below 240 months.
court
erred
by
ruling
that
Woodsons
240-month
sentence
potential
reduction.
For
this
reason,
we
vacate
the
authorizes
after
sentencing,
reconsideration
district
to
is
court,
reconsider
necessary
to
F.3d
233,
235
(4th
Cir.)
[fourteen]
sentence,
correct
but
an
only
defendant
3582(c)(2),
seeks
however,
we
(internal
modification
have
if
arithmetical,
quotation
marks
days
[w]ithin
of
recognized
his
sentence
that,
and
If a
under
because
the
his
sentence
pursuant
to
3582,
the
defendant
is
Thus,
We vacate
remaining
claims
on
appeal.
We
dispense
with
oral
argument
DISMISSED IN PART;
VACATED AND REMANDED IN PART