United States v. Marshall

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 15, 2009
• Docket: 08-7363
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7363

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

MONTY MARSHALL, a/k/a Mustafa,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Robert G. Doumar, Senior District Judge. (4:02-cr-00002-RGD-TEM-1)

Submitted: January 13, 2009 Decided: January 15, 2009

Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Monty Marshall, Appellant Pro Se. Timothy Richard Murphy, Special Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Monty Williams 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, as modified by Amendment

711, and Amendment 715 of 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. Marshall, No. 4:02-cr-0002-

RGD-TEM-1 (E.D. Va. July 14, 2008). In addition, we find that

the court did not abuse its discretion in declining to appoint

counsel. 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