United States v. Padgett ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6893
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARRELL L. PADGETT,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:91-cr-00166-1)
Submitted: November 10, 2009 Decided: December 1, 2009
Before MICHAEL and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Darrell L. Padgett, Appellant Pro Se. Michael Lee Keller, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darrell L. Padgett appeals the district court’s order
granting his 18 U.S.C. § 3582 (2006) motion. We have reviewed
the record and find no reversible error. Accordingly, we deny
leave to proceed in forma pauperis and dismiss the appeal for
the reasons stated by the district court. Further, we note that
any error resulting from the district court’s failure to
apportion the amended sentence among the counts of conviction
was harmless. See United States v. Chase, 296 F.3d 247, 249-50
(4th Cir. 2002). We deny Padgett’s motion to appoint counsel
and 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.
DISMISSED
2