US v. James Ellerbe

Filing 920100225

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7830

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES EDWARD ELLERBE, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:97-cr-00100-BR-1)

Submitted:

February 18, 2010

Decided:

February 25, 2010

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Edward Ellerbe, Appellant Pro Se. John Samuel Bowler, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James Edward Ellerbe appeals the district court's

order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006), and its subsequent order denying reconsideration. reversible error. We have reviewed the record and find no

Accordingly, we affirm for the reasons stated United States v. Ellerbe, No. 5:97-crWe deny

by the district court.

00100-BR-1 (E.D.N.C. Sept. 2, 2009; Dec. 9, 2009). Ellerbe's motion for appointment of counsel. oral argument because in the the facts and legal before

We dispense with contentions the court are and

adequately

presented

materials

argument would not aid the decisional process. AFFIRMED

2