US v. Richard Smith, Jr.

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:00-cr-00007-FPS-JES-1. Copies to all parties and the district court/agency. [998442218] [09-8091]

US v. Richard Smith, Jr.

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Case: 09-8091 Document: 13

Date Filed: 10/08/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8091 UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. RICHARD ALLEN SMITH, JR., a/k/a Smitty, Defendant ­ Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Frederick P. Stamp, Jr., Senior District Judge. (2:00-cr-00007-FPS-JES-1) Submitted: September 2, 2010 Decided: October 8, 2010

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Richard Allen Smith, Jr., Appellant Pro Se. Stephen Donald Warner, Assistant United States Attorney, Elkins, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

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Case: 09-8091 Document: 13

Date Filed: 10/08/2010

Page: 2

PER CURIAM: Richard Allen Smith, Jr., appeals the district court's "Order Reducing Term of Imprisonment as a Result of Amended

Guideline Range Pursuant to [U.S. Sentencing Guidelines Manual §] 1B1.10 [(2008)]." reversible error. We have reviewed the record and find no

Accordingly, we affirm for the reasons stated United States v. Smith, No. 2:00-crWe dispense with contentions the court are and

by the district court.

00007-FPS-JES-1 (N.D. W. Va. Nov. 3, 2009). oral argument because in the the facts and legal

adequately

presented

materials

before

argument would not aid the decisional process. AFFIRMED

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