US v. Ricky Eckles

Filing 920091112

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6625 UNITED STATES OF AMERICA, Plaintiff Appellee, v. RICKY BERNARD ECKLES, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:05-cr-00009-RLV-DCK-1) Submitted: October 27, 2009 Decided: November 12, 2009 Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Ricky Bernard Eckles, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ricky order denying Bernard his 18 Eckles U.S.C. appeals the district court's for 3582(c) (2006) motion reduction of sentence. * reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated United States v. Eckles, No. 5:05-crFeb. 27, 2009); United States v. by the district court. 00009-RLV-DCK-1 (W.D.N.C. Lindsey, 556 F.3d 238, 244 (4th Cir. 2009). oral argument because in the the facts and legal We dispense with contentions the court are and adequately presented materials before argument would not aid the decisional process. AFFIRMED Eckles filed a notice of appeal outside of the appeal period, and we remanded to the district court to determine whether Eckles had demonstrated excusable neglect or good cause warranting an extension of the appeal period. See United States v. Eckles, 328 F. App'x 255 (4th Cir. June 25, 2009) (No. 09-6625). The district court found Eckles demonstrated good cause and therefore deemed the notice of appeal timely filed. Accordingly, we review the appeal on the merits. * 2

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