US v. Daniel James, Jr.

Filing 920091008

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7268

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. DANIEL DEMETRIUS JAMES, JR., a/k/a Dee, Defendant ­ Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:04-cr-00262-FL-1)

Submitted:

September 29, 2009

Decided:

October 8, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Daniel Demetrius James, Jr., Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Daniel court's (2006) order motion. Demetrius James, on Jr., his appeals 18 U.S.C. record the district

denying We

relief have

§ 3582(c)(2) and find no

reviewed

the

reversible error.

Accordingly, we affirm for the reasons stated United States v. James, No. 5:04-cr-

by the district court.

00262-FL-1 (E.D.N.C. filed June 30, 2009; entered July 1, 2009). We further deny James' motion for appointment of counsel. dispense with oral argument because the facts and We

legal

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

2