United States v. Payne , 334 F. App'x 553 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6353
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD PAYNE, a/k/a Raheem,
Defendant – Appellant.
No. 09-7099
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD PAYNE, a/k/a Raheem,
Defendant - Appellant.
Appeals from the United States District Court for the District
of South Carolina, at Columbia. Joseph F. Anderson, Jr.,
District Judge. (3:01-cr-00506-JFA-1)
Submitted: September 29, 2009 Decided: October 22, 2009
Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ronald Payne, Appellant Pro Se. Stacey Denise Haynes, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In Case No. 09-6353, Ronald Payne appeals the district
court’s order denying his motion for a sentence reduction under
18 U.S.C. § 3582(c)(2) (2006) and denying his motion to compel
the Government to move for a sentence reduction pursuant to Fed.
R. Crim. P. 35(b). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Payne, No. 3:01-cr-
00506-JFA-1 (D.S.C. Feb. 17, 2009).
In Case No. 09-7099, which has been consolidated with
No. 09-6353, Payne appeals the district court’s docket order
denying his motion to compel the court reporter to produce a
transcript of his hearing prior to June 1, 2009. We uphold the
district court’s denial of the motion to compel. Payne was not
entitled to dictate the timing for the preparation of the
transcript and has failed to show that he was prejudiced by any
delay in preparation.
Accordingly, we affirm the district court’s orders in
both cases. 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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