United States v. Garcia-Benitez

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 13, 2011
• Docket: 09-7221A
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7221

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SAUL GARCIA-BENITEZ, a/k/a Mario,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Glen E. Conrad, District Judge. (5:06-cr-00046-GEC-3)

Submitted: November 12, 2010 Decided: January 13, 2011

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Saul Garcia-Benitez, Appellant Pro Se. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Saul Garcia-Benitez appeals the district court’s order

denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction

of sentence based on Amendment 706 to the United States

Sentencing Guidelines. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. United States v. Garcia-Benitez, No.

5:06-cr-00046-GEC-3 (W.D. Va. June 5, 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