United States v. Moxley

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 2, 2010
• Docket: 09-6402A
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6402

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HARVEY LEE MOXLEY, a/k/a Sandy,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:98-cr-00068-RLV-8)

Submitted: June 10, 2010 Decided: July 2, 2010

Before MOTZ and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Harvey Lee Moxley, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina; Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Harvey Lee Moxley appeals the district court’s order

granting in part his motion filed pursuant to 18 U.S.C.

§ 3582(c)(2) (2006), which sought a reduction in sentence based

upon the amendments to the crack cocaine 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. Moxley, No. 5:98-cr-00068-RLV-8

(W.D.N.C. Feb. 6, 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