US v. James Taylor

Filing 920100223

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7963

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES DARREN TAYLOR, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:94-cr-00040-FDW-4)

Submitted:

February 2, 2010

Decided:

February 23, 2010

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Darren Taylor, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James Darren Taylor appeals the district court's order denying his motion for a reduction of sentence filed pursuant to 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and

find the district court did not abuse its discretion in denying the motion. See United States v. Goines, 357 F.3d 469, 478 (4th

Cir. 2004) (motion under § 3582(c) "is subject to the discretion of the district court"); United States v. Legree, 205 F.3d 724, 727 (4th Cir. 2000). appropriate erroneous factors or The district court took into account the and did not base its See decision DIRECTV, on Inc. an v.

legal

factual

premise.

Rawlins, 523 F.3d 318, 323 (4th Cir. 2008) (defining abuse of discretion). dispense with Thus, we affirm the district court's order. oral argument because the facts and We

legal

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

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