United States v. Rutherford

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6966

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

VINCENT RUTHERFORD,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:02-cr-00049-GCM-1)

Submitted: December 17, 2009 Decided: January 21, 2010

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Vincent Rutherford, Appellant Pro Se. C. Nicks Williams, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Vincent Rutherford appeals the district court’s order

denying his motion for reduction of sentence, 18 U.S.C.

§ 3582(c) (2006). We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. United States v. Rutherford, No. 1:02-

cr-00049-GCM-1 (W.D.N.C. May 21, 2009). We deny Rutherford’s

motion to strike sentencing enhancement and request for

evidentiary hearing and incorporated memorandum of law, and 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