United States v. Green

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7012

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

CALVIN BERNARD GREEN, a/k/a Aaron O. Smith, Jr., a/k/a Calvin M. Green, a/k/a Calvin D. Smith, a/k/a Calvin Marvin Smith, a/k/a Calvin Darnell Green, a/k/a Budda Smith, a/k/a Calvin Darnell Smith, a/k/a William Mingo Johnson,

Defendant – Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:99-cr-00032-jct-1)

Submitted: August 14, 2009 Decided: August 25, 2009

Before KING and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Calvin Bernard Green, Appellant Pro Se. Joseph William Hooge Mott, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Calvin Bernard Green appeals the district court’s

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

sentence. Green argued that his sentence should be reduced in

light of Amendment 706 to the U.S. Sentencing Guidelines Manual.

We have previously addressed and rejected the issue now raised

by Green. United States v. Green, 301 F. App’x 201

(4th Cir. Dec. 1, 2008) (per curiam). Thus, this court’s prior

holding is law of the case, and Green may not relitigate that

issue in this appeal. See United States v. Aramony, 166 F.3d

655, 661 (4th Cir. 1999). Accordingly, we affirm the district

court’s order for that reason. United States v. Green, No.

7:99-cr-00032-jct-1 (W.D. Va. May 19, 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