US v. Matthew Smith

Filing 920090625

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6721

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MATTHEW DWAYNE SMITH, a/k/a Mackie, a/k/a Smac, Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:05-cr-00007-JPB-JES-1)

Submitted:

June 18, 2009

Decided:

June 25, 2009

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Matthew Dwayne Smith, Appellant Pro Se. Paul Thomas Camilletti, Thomas Oliver Mucklow, Assistant United States Attorneys, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Matthew order granting of in Dwayne part Smith and appeals in to the part 18 district his court's for

denying pursuant

motion

reduction (2006). error.

sentence

filed

U.S.C.

§ 3582(c)

We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the United States v. Smith, No. 3:05-cr-00007-JPBWe deny as moot Smith's motion

district court.

JES-1 (N.D.W. Va. Apr. 1, 2009).

to place his case in abeyance pending rulings by the Supreme Court. legal before We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

2