United States v. Eckles ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6625
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RICKY BERNARD ECKLES,
Defendant – Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:05-cr-00009-RLV-DCK-1)
Submitted: October 27, 2009 Decided: November 12, 2009
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ricky Bernard Eckles, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ricky Bernard Eckles appeals the district court’s
order denying his 18 U.S.C. § 3582(c) (2006) motion for
reduction of sentence. * We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Eckles, No. 5:05-cr-
00009-RLV-DCK-1 (W.D.N.C. Feb. 27, 2009); United States v.
Lindsey, 556 F.3d 238, 244 (4th Cir. 2009). 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
*
Eckles filed a notice of appeal outside of the appeal
period, and we remanded to the district court to determine
whether Eckles had demonstrated excusable neglect or good cause
warranting an extension of the appeal period. See United
States v. Eckles, 328 F. App’x 255 (4th Cir. June 25, 2009) (No.
09-6625). The district court found Eckles demonstrated good
cause and therefore deemed the notice of appeal timely filed.
Accordingly, we review the appeal on the merits.
2