United States v. Smithwick

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8469

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SHAWN RHONDU SMITHWICK,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:06-cr-00121-F-1)

Submitted: April 13, 2010 Decided: May 12, 2010

Before TRAXLER, Chief Judge, and NIEMEYER and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Shawn Rhondu Smithwick, Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Shawn Rhondu Smithwick appeals the district court’s

order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for

reduction of sentence. We have reviewed the record and find no

reversible error. Accordingly, we deny Smithwick’s motion for

appointment of counsel and affirm for the reasons stated by the

district court. United States v. Smithwick, No. 5:06-cr-00121-

F-1 (E.D.N.C. Oct. 17, 2008). 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