US v. Kevin Walker

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:05-cr-00005-RBS-JEB-1 Copies to all parties and the district court/agency. [998416478] [10-6364]

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US v. Kevin Walker Doc. 0 Case: 10-6364 Document: 20 Date Filed: 09/01/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6364 UNITED STATES OF AMERICA, Plaintiff Appellee, v. KEVIN LAMONT WALKER, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (4:05-cr-00005-RBS-JEB-1) Submitted: August 26, 2010 Decided: September 1, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Kevin Lamont Walker, Appellant Pro Se. Howard Jacob Zlotnick, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Dockets.Justia.com Case: 10-6364 Document: 20 Date Filed: 09/01/2010 Page: 2 PER CURIAM: Kevin court's order Lamont denying Walker his Fed. seeks R. to Civ. appeal P. the district for 60(b) motion reconsideration of that court's denial of his 3582 motion. This Court reviews the denial of a motion for relief from MLC judgment pursuant to Rule 60(b) for an abuse of discretion. Automotive, LLC v. Town of Southern Pines, 532 F.3d 269, 277 (4th Cir. 2008). This Court may not review the merits of the underlying order, but instead "may only review the denial of the motion with respect to the grounds set forth in Rule 60(b)." Id. (internal quotation marks omitted). Having district district court court reviewed did not the abuse record, its the we conclude and that affirm the the discretion R. 60(b) order denying motion. United States v. Walker, No. 4:05-cr-00005-RBS-JEB-1 (E.D. Va. Feb. 12, 2010). We legal before dispense with are and oral argument because in aid the the the facts and contentions the court adequately argument presented not materials decisional would process. AFFIRMED 2

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