US v. Calvin Green

Filing 920090825

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7012

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. CALVIN BERNARD GREEN, a/k/a Aaron O. Smith, Jr., a/k/a Calvin M. Green, a/k/a Calvin D. Smith, a/k/a Calvin Marvin Smith, a/k/a Calvin Darnell Green, a/k/a Budda Smith, a/k/a Calvin Darnell Smith, a/k/a William Mingo Johnson, Defendant ­ Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:99-cr-00032-jct-1)

Submitted:

August 14, 2009

Decided:

August 25, 2009

Before KING and Circuit Judge.

AGEE,

Circuit

Judges,

and

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Calvin Bernard Green, Appellant Pro Se. Joseph William Hooge Mott, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Calvin Bernard Green appeals the district court's

order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. Green argued that his sentence should be reduced in

light of Amendment 706 to the U.S. Sentencing Guidelines Manual. We have previously addressed and rejected the issue now raised by Green. United States v. Green, 301 F. App'x 201

(4th Cir. Dec. 1, 2008) (per curiam).

Thus, this court's prior

holding is law of the case, and Green may not relitigate that issue in this appeal. See United States v. Aramony, 166 F.3d Accordingly, we affirm the district United States v. Green, No. We dispense with contentions the court are and

655, 661 (4th Cir. 1999).

court's order for that reason.

7:99-cr-00032-jct-1 (W.D. Va. May 19, 2009). oral argument because in the the facts and legal

adequately

presented

materials

before

argument would not aid the decisional process. AFFIRMED

2