United States v. Perkins

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8156

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DAIRUS KIOWA PERKINS,

Defendant - Appellant.

No. 10-6079

Appeals from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (4:96-cr-30029-jlk-1)

Submitted: March 30, 2010 Decided: April 30, 2010 Before MICHAEL * and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Dairus Kiowa Perkins, Appellant Pro Se. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

* Judge Michael was a member of the original panel but did not participate in this decision. This opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).

2 PER CURIAM:

Dairus Kiowa Perkins appeals the district court’s

orders finding him ineligible for a sentence reduction under 18

U.S.C. § 3582(c)(2) (2006), and denying his motion for

reconsideration. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. United States v. Perkins, No. 4:96-cr-

30029-jlk-1 (W.D. Va. Nov. 19, 2009; Dec. 22, 2009). We deny

Perkins’ motion to hold Appeal No. 09-8156 in abeyance and

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