US v. Sherif Ezzat

Filing 920090702

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6301 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHERIF SAFWAT EZZAT, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:05-cr-00336-GBL-1) Submitted: June 15, 2009 Decided: July 2, 2009 Before MOTZ, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, Federal Public Defender, Darren J. Johnson, Assistant Federal Public Defender, Alexandria, Virginia, for Appellant. Dana J. Boente, Acting United States Attorney, Lawrence J. Leiser, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sherif Safwat Ezzat appeals the district court's order granting his motion for sentence reduction under 18 U.S.C. 3582(c)(2) (2006), but denying his request for a reduction below the range of as a See imprisonment result U.S. of suggested Amendment by 706 the to reconfigured Sentencing App. C. guidelines Guidelines. Amend. 706. error. the Sentencing Guidelines Manual, We have reviewed the record and find no reversible Accordingly, we affirm based on our recent decision in We legal United States v. Dunphy, 551 F.3d 247 (4th Cir. 2009). dispense with oral argument because the facts and contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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