US v. Antonio Byers

Filing 920100127

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7364

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANTONIO DEMOND BYERS, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:01-cr-00002-FDW-3) Submitted: January 19, 2010 Decided: January 27, 2010

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Antonio Demond Byers, 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Unpublished opinions are not binding precedent in this circuit.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: Antonio order denying his Demond motion Byers for a appeals the district of court's filed

reduction

sentence

pursuant to 18 U.S.C. § 3582(c)(2) (2006).

We have reviewed the

record and find the district court did not abuse its discretion in denying the motion. See United States v. Goines, 357 F.3d

469, 478 (4th Cir. 2004) (motion under § 3582(c) "is subject to the discretion of the district court"); United States v. Legree, 205 F.3d 724, 727 (4th Cir. 2000). court's States v. 2009). legal before order for the reasons Thus, we affirm the district stated there. See United 21,

Byers,

No.

3:01-cr-00002-FDW-3

(W.D.N.C.

July

We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

2