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U.S. v. THORNSBURY

No. 11-7109.

670 F.3d 532 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Kerney Ray THORNSBURY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Jonathan D. Byrne , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. John Lanier File , Office of the United States Attorney, Beckley, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, David R. Bungard , Assistant Federal Public Defender, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. R. Booth Goodwin II , United States Attorney, Charleston, West Virginia, for Appellee.

Dismissed by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge AGEE joined.

OPINION

DUNCAN, Circuit Judge:

Kerney Ray Thornsbury pleaded guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). As part of a plea agreement, Thornsbury waived his right to appeal "any sentence." During Thornsbury's subsequent incarceration, the government filed a motion pursuant to Federal Rule of Criminal Procedure 35(b), seeking to reduce his sentence in light of his assistance

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