US v. Sean Whitley

Filing 920091123

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7292

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SEAN FONTAE WHITLEY, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (5:04-cr-00166-H-1)

Submitted:

November 17, 2009

Decided:

November 23, 2009

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Sean Fontae Whitley, 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Unpublished opinions are not binding precedent in this circuit.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: Sean Fontae Whitley appeals the district court's order denying his motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). reversible error. We have reviewed the record and find no

Accordingly, we affirm for the reasons stated See United States v. Whitley, No. 5:04We dispense with oral

by the district court.

cr-00166-H-1 (E.D.N.C. July 1, 2009).

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

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