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United States v. Edwards

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 1, 2013
516 F. App'x 254 (4th Cir. 2013)

Opinion

No. 12-7912

04-01-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY EDWARDS, JR., Defendant - Appellant.

Jimmy Edwards, Jr., Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever, III, Chief District Judge. (7:07-cr-00011-D-1) Before NIEMEYER, KING, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Jimmy Edwards, Jr., Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jimmy Edwards, Jr., appeals from the district court's order denying his motion for a sentence departure under U.S. Sentencing Guidelines Manual § 5H1.11 (2012). As Edwards was sentenced in 2007, his motion is untimely. In addition, to the extent Edwards relies upon Amendment 739 to the Guidelines (amending § 5H1.11 in 2010), this amendment has not been made retroactively applicable. See USSG § 1B1.10(c). Accordingly, we affirm. 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


Summaries of

United States v. Edwards

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 1, 2013
516 F. App'x 254 (4th Cir. 2013)
Case details for

United States v. Edwards

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY EDWARDS, JR.…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Apr 1, 2013

Citations

516 F. App'x 254 (4th Cir. 2013)