US v. Edward Simmons

Filing 920091204

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7715

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. EDWARD SIMMONS, a/k/a Deuce, Defendant ­ Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:07-cr-00041-JPB-DJJ-2)

Submitted:

November 19, 2009

Decided:

December 4, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edward Simmons, Appellant Pro Se. Thomas Oliver Mucklow, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Edward denying his 18 Simmons U.S.C. appeals the district court's We order have

§ 3582(c)(2)

(2006)

motion.

reviewed the record and find no reversible error.

Accordingly, United

we affirm for the reasons stated by the district court.

States v. Simmons, No. 3:07-cr-00041-JPB-DJJ-2 (N.D.W. Va. Sept. 1, 2009). legal before We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. AFFIRMED

2