United States v. Armstrong

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 26, 2009
• Docket: 09-6131
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6131

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

EVERETT DARNELL ARMSTRONG,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:00-cr-00158-RAJ-1)

Submitted: June 8, 2009 Decided: June 26, 2009

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Everett Darnell Armstrong, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Everett Darnell Armstrong appeals the district court’s

order denying his 18 U.S.C. § 3582(c) (2006) motion for a

sentence reduction. We have reviewed the record and find no

reversible error. Armstrong’s contention that the district

court attributed him with only 1.5 kilograms of cocaine base is

contradicted by the criminal judgment’s statement that the

district court adopted the factual findings of the presentence

investigation report. Accordingly, we affirm for the reasons

stated by the district court. United States v. Armstrong, No.

2:00-cr-00158-RAJ-1 (E.D. Va. Dec. 5, 2008). Further, we deny

Armstrong’s motions for preparation of transcripts at the

government’s expense and for appointment of counsel. We

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