Filing 920100305

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7889 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. UNDER SEAL, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:01-cr-00019-GCM-1) Submitted: February 18, 2010 Decided: March 5, 2010 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Under Seal, Appellant Pro Se. THE UNITED STATES ATTORNEY, Appellee. Kenneth Michel Smith, OFFICE OF Charlotte, North Carolina, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Under Seal appeals the district court's order denying his 18 U.S.C. 3582(c)(2) (2006) motion for a reduction in sentence. error. We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the United States v. Under Seal, No. 3:01-cr-00019We dispense with oral argument district court. GCM-1 (W.D.N.C. Apr. 29, 2009). 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

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