US v. Ezau Yanez-Hernandez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [1000105417-2] Originating case number: 7:08-cr-00106-D-1 Copies to all parties and the district court/agency. [1000176597]. Mailed to: Ezau Yanez-Hernandez. [17-6724]

Appeal: 17-6724

Doc: 13

Filed: 10/19/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6724

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EZAU YANEZ-HERNANDEZ, a/k/a Primo,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. James C. Dever III, Chief District Judge. (7:08-cr-00106-D-1)

Submitted: October 17, 2017

Decided: October 19, 2017

Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Stephen Clayton Gordon, Assistant Federal Public Defender, OFFICE OF THE
FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Edward D.
Gray, Donald Russell Pender, Assistant United States Attorneys, Lawrence Jason
Cameron, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-6724

Doc: 13

Filed: 10/19/2017

Pg: 2 of 2

PER CURIAM:
Ezau Yanez-Hernandez appeals the district court’s order denying relief on his 18
U.S.C. § 3582(c)(2) (2012) motion for a sentence reduction. We have reviewed the
record and find no reversible error. See United States v. Muldrow, 844 F.3d 434, 437
(4th Cir. 2016) (providing standard). Accordingly, we affirm for the reasons stated by
the district court. United States v. Yanez-Hernandez, No. 7:08-cr-00106-D-1 (E.D.N.C.
filed May 9, 2017; entered May 10, 2017). We further deny Yanez-Hernandez’s motion
to appoint counsel. *

We dispense with oral argument because the facts and legal

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

*

Although the Office of the Federal Public Defender has filed an informal brief on
behalf of Yanez-Hernandez, it does not seek appointment as counsel on appeal.

2