United States v. Odom

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 30, 2001
• Docket: 01-6633
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-6633

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT WILSON ODOM,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-97-180)

Submitted: August 23, 2001 Decided: August 30, 2001

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

Affirmed by unpublished per curiam opinion.

Robert Wilson Odom, Appellant Pro Se. Timika Shafeek, Assistant United States Attorney, Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Robert Wilson Odom appeals from the district court’s orders

denying his motion for modification of his sentence and denying his

motion for reconsideration. We have reviewed the record and the

district court’s orders and find no reversible error. Accordingly,

we affirm substantially* on the reasoning of the district court.

United States v. Odom, No. CR-97-180 (W.D.N.C. Feb. 16, 2001; filed

Mar. 29, 2001, entered Mar. 30, 2001). We dispense with oral argu-

ment because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

AFFIRMED

* To the extent that Odom’s claim under Apprendi v. New Jersey, 530 U.S. 466 (2000), was properly before the court pursuant to 18 U.S.C.A. § 3582 (West 2000), the claim lacks merit: Odom’s 198-month sentence was less than the statutorily authorized maximum penalty. See United States v. Angle, 254 F.3d 514, 518 (4th Cir. 2001) (en banc).