United States v. McDaniel

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 18, 2009
• Docket: 09-6031
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6031

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TRINI MCDANIEL, a/k/a John Paul Morris, a/k/a Brother-in- Law, a/k/a Bro-Law,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:96-cr-00041-JRS-7)

Submitted: March 12, 2009 Decided: March 18, 2009

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge

Affirmed by unpublished per curiam opinion.

Trini McDaniel, Appellant Pro Se. Richard Daniel Cooke, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Trini McDaniel appeals a district court order denying

his motion for a sentence reduction under 18 U.S.C. § 3582(c)

(2006). The district court found McDaniel was not eligible for

a reduction because he was responsible for more than 4.5

kilograms of crack cocaine. We affirm.

We find the district did not abuse its discretion

denying McDaniel’s motion for a sentence reduction. United

States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating

standard of review). Accordingly, we affirm the district

court’s order. 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