United States v. Baker

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 14, 2011
• Docket: 10-6783
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6783

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAY EMMITT BAKER,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:07-cr-00642-TLW-1)

Submitted: January 27, 2011 Decided: February 14, 2011

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jay Emmitt Baker, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jay Emmitt Baker appeals the district court’s order

denying his motion to reconsider the court’s order denying his

motion to compel the Government to file a Fed. R. Crim. P. 35(b)

motion for a reduction in sentence. We have reviewed the record

and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. United States v. Baker,

No. 4:07-cr-00642-TLW-1 (D.S.C. Nov. 16, 2009). 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