US v. James Brown

Filing 920090304

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6916 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES EDWARD BROWN, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:06-cr-00018-JPB-JES-1) Submitted: February 26, 2009 Decided: March 4, 2009 Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Brian Joseph Kornbrath, Federal Public Defender, Clarksburg, West Virginia, for Appellant. Paul Thomas Camilletti, Thomas Oliver Mucklow, Assistant United States Attorneys, Martinsburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Edward Brown appeals the district court's order granting in part and denying in part his motion for sentence reduction pursuant to 18 U.S.C. 3582(c) (2006). We have reviewed the record and find no reversible error. Accordingly, United we affirm for the reasons stated by the district court. States v. Brown, No. 3:06-cr-00018-JPB-JES-1 (N.D.W. Va. May 28, 2008), and the reasons expressed in our recent decision in United States v. Dunphy, 551 F.3d 247, 253-56 (4th Cir. 2009). Brown's dispense motion with for oral appointment argument of counsel the is denied. and We legal because facts contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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