United States v. Brown ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7231
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LINDSEY BROWN, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:95-cr-00049-RBS-1)
Submitted: February 20, 2009 Decided: March 10, 2009
Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lindsey Brown, Jr., Appellant Pro Se. Kevin Michael Comstock,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lindsey Brown, Jr., appeals the district court’s
orders: (1) granting Brown’s motion for reduction of sentence,
18 U.S.C. § 3582(c)(2) (2006), in which Brown sought a reduction
based on Amendment 706 of the sentencing guidelines, and
resentencing him to 295 months in prison; (2) denying his
§ 3582(c)(2) motion based on Amendment 599 of the guidelines;
and (3) denying his motion for reconsideration. 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. 2:95-cr-00049-RBS-1 (E.D. Va. filed May 14,
2008, entered May 22, 2008; filed May 15, 2008, entered May 22,
2008; entered June 16, 2008). 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
2