US v. Lynn Smith

Filing 920090603

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8185

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LYNN GARY SMITH, a/k/a Eastside, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:03-cr-00093-F-1)

Submitted:

May 28, 2009

Decided:

June 3, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Lynn Gary Smith, Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Lynn Gary Smith appeals the district court's order

granting his motion to reduce his sentence filed pursuant to 18 U.S.C. § 3582(c)(2) (2006). find no reversible error. We have reviewed the record and Accordingly, we affirm for the

reasons stated by the district court.

United States v. Smith, We dispense with contentions the court are and

No. 7:03-cr-00093-F-1 (E.D.N.C. Oct. 2, 2008). oral argument because in the the facts and legal before

adequately

presented

materials

argument would not aid the decisional process. AFFIRMED

2