US v. Antoine Smith

Filing 920091021

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7219 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTOINE TAVARES SMITH, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:03-cr-00110-FDW-1) Submitted: October 15, 2009 Decided: October 21, 2009 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Antoine Tavares Smith, 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 Unpublished opinions are not binding precedent in this circuit.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: Antoine Tavares Smith appeals the district court's order denying relief on his motion for reduction of sentence filed pursuant to 18 U.S.C. 3582(c)(2) (2006). We find no reversible error and we thus affirm for the reasons stated by the district court. United States v. Smith, No. 3:03-cr-00110We dispense with oral argument FDW-1 (W.D.N.C. Apr. 16, 2009). 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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