US v. Vincent Rutherford

Filing 920100121

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6966 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. VINCENT RUTHERFORD, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:02-cr-00049-GCM-1) Submitted: December 17, 2009 Decided: January 21, 2010 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Vincent Rutherford, Appellant Pro Se. C. Nicks Williams, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Vincent Rutherford appeals the district court's order denying 3582(c) his motion for We reduction reviewed of the sentence, record 18 and U.S.C. find no (2006). have reversible error. Accordingly, we affirm for the reasons stated United States v. Rutherford, No. 1:02We deny Rutherford's and request for by the district court. cr-00049-GCM-1 (W.D.N.C. May 21, 2009). motion to strike sentencing enhancement evidentiary hearing and incorporated memorandum of law, and 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. AFFIRMED 2

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