US v. James Downing

Filing 920091230

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7494 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES E. DOWNING, a/k/a Marcus Moultrie, a/k/a Rahmel Lyles, a/k/a Ramez Lyles, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:05-cr-00052-H-2) Submitted: December 17, 2009 Decided: December 30, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. James E. Downing, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James E. Downing appeals the district court's order denying relief on his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). and find no reversible error. We have reviewed the record Accordingly, we affirm for the United States v. Downing, We dispense with contentions the court are and reasons stated by the district court. No. 4:05-cr-00052-H-2 (E.D.N.C. Aug. 4, 2009). oral argument because in the the facts and legal before adequately presented materials argument would not aid the decisional process. AFFIRMED 2

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