United States v. Downing

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7494

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAMES E. DOWNING, a/k/a Marcus Moultrie, a/k/a Rahmel Lyles, a/k/a Ramez Lyles,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:05-cr-00052-H-2)

Submitted: December 17, 2009 Decided: December 30, 2009

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James E. Downing, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James E. Downing appeals the district court’s order

denying relief on his motion for reduction of sentence pursuant

to 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record

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

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

No. 4:05-cr-00052-H-2 (E.D.N.C. Aug. 4, 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