US v. Darrell Padgett

Filing 920091201

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6893

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARRELL L. PADGETT, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:91-cr-00166-1)

Submitted:

November 10, 2009

Decided:

December 1, 2009

Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Darrell L. Padgett, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Darrell L. Padgett appeals the district court's order granting his 18 U.S.C. § 3582 (2006) motion. the record and find no reversible error. We have reviewed

Accordingly, we deny

leave to proceed in forma pauperis and dismiss the appeal for the reasons stated by the district court. any error resulting from the district Further, we note that court's failure to

apportion the amended sentence among the counts of conviction was harmless. See United States v. Chase, 296 F.3d 247, 249-50 We deny Padgett's motion to appoint counsel oral argument because the facts and legal

(4th Cir. 2002). and dispense with

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

2