United States v. Caldwell

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6319

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DARRIN W. CALDWELL, a/k/a Darren, a/k/a Officer Darrell,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (1:00-cr-00009-LHT-3)

Submitted: August 20, 2009 Decided: August 26, 2009

Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Darrin W. Caldwell, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Darrin W. Caldwell appeals the district court’s order

granting his motion to reduce his sentence filed pursuant to 18

U.S.C. § 3582(c)(2) (2006). We have reviewed the record and

find no reversible error. Accordingly, we affirm. See United

States v. Dunphy, 551 F.3d 247 (4th Cir.), cert. denied, 129 S.

Ct. 2401 (2009). We deny the Government’s motion to dismiss the

appeal. 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