US v. Rodney Turner

Filing 920090609

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6313 UNITED STATES OF AMERICA, Plaintiff Appellee, v. RODNEY JAMES TURNER, a/k/a Rudy Poo, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:03-cr-00035-REP-1) Submitted: May 22, 2009 Decided: June 9, 2009 Before WILKINSON, KING, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert James Wagner, Assistant Federal Public Defender, Richmond, Virginia, for Appellant. Michael Arlen Jagels, Special Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rodney James Turner appeals the district court's order denying reviewed his the 18 U.S.C. 3582(c)(2) determine (2006) motion. appeal We is have moot record and Turner's because he is no longer in custody. See USSG 1B1.10(b)(2)(C). Accordingly, we deny his motions for appointment of counsel and dismiss the appeal. See Powell v. McCormack, 395 U.S. 486, 496 (1969); Incumaa v. Ozmint, 507 F.3d 281, 286 (4th Cir. 2007). 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. DISMISSED 2

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