United States v. Smalls

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6786

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MITCHELL SMALLS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:96-cr-00131-RBS-2)

Submitted: February 26, 2009 Decided: March 4, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mitchell Smalls, Appellant Pro Se. Robert Edward Bradenham, II, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Mitchell Smalls appeals the district court’s order

granting his motion filed pursuant to 18 U.S.C. § 3582(c)(2)

(2006), and reducing his sentence from life imprisonment to 405

months. We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. United States v. Smalls, No. 2:96-cr-00131-RBS-

2 (E.D. Va. Apr. 18, 2008); see United States v. Dunphy, 551

F.3d 247, 251 (4th Cir. 2009) (holding that § 3582 proceedings

“do not constitute a full resentencing of the defendant”)

(internal quotation marks and citation omitted). 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