United States v. Sims

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6117

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAMES SIMS,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Spartanburg. G. Ross Anderson, Jr., Senior District Judge. (7:02-cr-00248-GRA-13)

Submitted: April 16, 2009 Decided: April 27, 2009

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Sims, Appellant Pro Se. Elizabeth Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Sims appeals the district court’s order denying

his motion for a reduction of sentence pursuant to 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. Sims, No. 7:02-cr-

00248-GRA-13 (D.S.C. Jan. 5, 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

* We consider Sims’ notice of appeal to have been timely filed. See Houston v. Lack, 487 U.S. 266, 276 (1988).