US v. Wendell Sergeant

Filing 920100113

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7629

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. WENDELL SERGEANT, a/k/a William Brown, Defendant ­ Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Thomas E. Johnston, District Judge. (2:92-cr-00329-2)

Submitted:

December 9, 2009

Decided:

January 13, 2010

Before MOTZ and Circuit Judge.

AGEE,

Circuit

Judges,

and

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Wendell Sergeant, Appellant Pro Se. Hunter Paul Smith, Jr., Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Wendell Sergeant appeals the district court's order

denying his motion for a reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). reversible error. We have reviewed the record and find no Accordingly, we deny his motion for a

transcript at Government expense, and affirm for the reasons stated by the district court. See United States v. Sergeant,

No. 2:92-cr-00329-2 (S.D. W. Va. July 14, 2009; July 15, 2009). We dispense with oral 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

2