United States v. Brown ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6916
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES EDWARD BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:06-cr-00018-JPB-JES-1)
Submitted: February 26, 2009 Decided: March 4, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Brian Joseph Kornbrath, Federal Public Defender, Clarksburg,
West Virginia, for Appellant. Paul Thomas Camilletti, Thomas
Oliver Mucklow, Assistant United States Attorneys, Martinsburg,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Edward Brown appeals the district court’s order
granting in part and denying in part his motion for sentence
reduction pursuant to 18 U.S.C. § 3582(c) (2006). We have
reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court. United
States v. Brown, No. 3:06-cr-00018-JPB-JES-1 (N.D.W. Va. May 28,
2008), and the reasons expressed in our recent decision in
United States v. Dunphy, 551 F.3d 247, 253-56 (4th Cir. 2009).
Brown’s motion for appointment of counsel is denied. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
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