US v. Desmond Ward

Filing 920091026

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7068

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DESMOND WARD, a/k/a David A. King, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:96-cr-00029-GCM-2)

Submitted:

October 20, 2009

Decided:

October 26, 2009

Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge.

NIEMEYER,

Circuit

Judge,

and

Affirmed by unpublished per curiam opinion.

Desmond Ward, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Desmond Ward appeals the district court's order

granting his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) (2006) and lowering his sentence from 235 months to 188 months of imprisonment. find no reversible he is not error. entitled We have reviewed the record and Contrary to a to Ward's arguments in on his

appeal,

further

reduction

sentence. See United States v. Dunphy, 551 F.3d 247, 257 (4th Cir.), affirm cert. for denied, 129 S.Ct. 2401 by the (2009). Accordingly, court. we

the

reasons stated

district

United

States v. Ward, No. 3:96-cr-00029-GCM-2 (W.D.N.C. May 27, 2009). 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