US v. Joseph Alvarez

Filing 920100301

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7021 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. JOSEPH ALVAREZ, a/k/a Joe Hill, Defendant ­ Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:95-cr-00072-6) Submitted: February 11, 2010 Decided: March 1, 2010

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Joseph Alvarez, Appellant Pro Se. John Lanier File, Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Joseph Alvarez appeals the district court's orders

granting his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of sentence and denying his motion to proceed in forma pauperis on appeal pursuant to 28 U.S.C. § 1915(c)(3) (2006). reviewed the record and find no reversible error.* We have

Accordingly, United

we affirm for the reasons stated by the district court. States v. Alvarez, No. 1:95-cr-00072-6 (S.D. 2009; June 1, 2009). facts and legal before

W. Va. May 11,

We dispense with oral argument because the are and adequately argument presented not in aid the the

contentions the court

materials

would

decisional process. AFFIRMED

We note that Alvarez has been permitted to proceed in forma pauperis on appeal, rendering moot his challenge to the district court's denial of his motion to proceed on appeal in forma pauperis.

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