US v. Jose Gutierrez

Filing 920090424

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8497 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE GUTIERREZ, a/k/a Pappy, a/k/a Cuban, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Cameron McGowan Currie, District Judge. (1:91-cr-00189-CMC-1) Submitted: April 16, 2009 Decided: April 24, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Jose Gutierrez, Appellant Pro Se. Robert Claude Jendron, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jose Gutierrez appeals the district court's order denying his motion for reconsideration of its previous order denying his motion for reduction of sentence pursuant to 18 U.S.C. 3582(c) (2006). no reversible error. We have reviewed the record and find Accordingly, we affirm for the reasons United States v. Gutierrez, No. Nov. 247 24, (4th 2008). Cir. 2009). See United We deny stated by the district court. 1:91-cr-00189-CMC-1 States v. Dunphy, (D.S.C. 551 F.3d Gutierrez's motion for appointment of counsel. oral argument because in the the facts and legal before We dispense with contentions the court are and adequately presented materials argument would not aid the decisional process. AFFIRMED 2

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