Citation Codes Equivalent Citations citation codes Docket Number No. 7:97-CR-98-01-F. Judges James Carroll Fox Acts Crimes And Criminal Procedure — Sentences — Imprisonment — Criminal Procedure — Imposition Of A Sentence Of Imprisonment Crimes And Criminal Procedure — Firearms — Crimes — Penalties See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA v. EMMETT MADISON GRAHAM, JR., Defendant. ORDER JAMES FOX, Senior District Judge Emmett Graham has filed what he has styled, "Motion for Correction/Reduction of Sentence Pursuant to 18 U.S.C. § 3582(2)(2) or Rule 52(B) F.R.O. CRIM. P." [DE-256]. Therein, he contends that his sentence must be corrected so that his consecutive sentence under 18 U.S.C. § 924(c) instead runs concurrently. He relies on the interpretation of § 924(c)(1)(A)'s "except clause" in United States v. Whitley, 529 F.3d 150 (2d Cir. 2008). This court is bound by the Fourth Circuit Court of Appeals' precedent in this regard, which Whitley itself recognizes is not in agreement with that of the Second Circuit. See Webb v. United States, No. 1:09CV133, No. 1:02CR51-1, 2009 WL 2399946, slip op. at *2 (M.D.N.C. July 31, 2009) (citing United States v. Studifin, 240 F.3d 415, 423-24 (4th Cir. 2001)). Accordingly, Graham's motion to reduce his sentence [DE-256] is DENIED.