US v. Antonio Rogers

Filing 920090415

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7188 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTONIO ALFONZO ROGERS, a/k/a Monkey, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:94-cr-00092-FDW-2) Submitted: April 2, 2009 Decided: April 15, 2009 Before MOTZ and Circuit Judge. AGEE, Circuit Judges, and HAMILTON, Senior Affirmed by unpublished per curiam opinion. Claire J. Rauscher, Federal Public Defender, Charlotte, North Carolina; Matthew Segal, Assistant Federal Public Defender, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antonio order determining Alfonzo that to Rogers he 18 is appeals the district for a court's sentence or ineligible U.S.C. modification pursuant 3582(c) (2006), alternatively that the court would deny his motion as a matter of discretion based upon his post-sentencing conduct. Finding no reversible error, we affirm on the reasoning of the district court. United States v. Rogers, No. 3:94-cr-00092-FDW-2 (W.D.N.C. June 5, 2008). of counsel. We deny Rogers' motion for appointment 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 2

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