US v. Donald Barber

Filing 920080529


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6093 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DONALD RAY BARBER, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:93-cr-00124-FDW-1; 3:07-cv-00454-FDW) Submitted: May 22, 2008 Decided: May 29, 2008 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Donald Ray Barber, Appellant Pro Se. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Donald Ray Barber appeals from the denial of his motion for reduction of sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Barber, Nos. 3:93-cr-00124-FDW-1, 3:07-cv-00454-FDW (W.D.N.C. Oct. 25, 2007). In addition, we decline to consider the claim raised by Barber for the first time on appeal. 250 (4th Cir. 1993). facts and legal before See Muth v. United States, 1 F.3d 246, We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. AFFIRMED - 2 -

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