US v. Damian Bey

Filing 920100408

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7772

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAMIAN G. BEY, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:03-cr-00252-BR-1)

Submitted:

March 22, 2010

Decided:

April 8, 2010

Before KING, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Damian G. Bey, Appellant Pro Se. Ethan A. Ontjes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Damian denying his Giovanni for a Bey appeals a district court order 18

motion

sentence

reduction

filed

under

U.S.C. § 3582(c) (2006). no reversible error.

We have reviewed the record and find

Accordingly, we affirm for the reasons United States v. Bey, No. 5:0327, 2009). We also deny Bey's

stated by the district court. cr-00252-BR-1 (E.D.N.C. Aug.

motion to hold his appeal in abeyance pending the United States Supreme Court's decision in United States v. Dillon, No. 096338. legal before We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in the the materials decisional

would

aid

process. AFFIRMED

2