United States v. Ezzat

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 2, 2009
• Docket: 09-6301
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6301

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SHERIF SAFWAT EZZAT,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:05-cr-00336-GBL-1)

Submitted: June 15, 2009 Decided: July 2, 2009

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael S. Nachmanoff, Federal Public Defender, Darren J. Johnson, Assistant Federal Public Defender, Alexandria, Virginia, for Appellant. Dana J. Boente, Acting United States Attorney, Lawrence J. Leiser, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Sherif Safwat Ezzat appeals the district court’s order

granting his motion for sentence reduction under 18 U.S.C. §

3582(c)(2) (2006), but denying his request for a reduction below

the range of imprisonment suggested by the reconfigured

guidelines as a result of Amendment 706 to the Sentencing

Guidelines. See U.S. Sentencing Guidelines Manual, App. C.

Amend. 706. We have reviewed the record and find no reversible

error. Accordingly, we affirm based on our recent decision in

United States v. Dunphy, 551 F.3d 247 (4th Cir. 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