United States v. Johnson ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7307
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARRELL P. JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap. James P. Jones,
District Judge. (2:01-cr-10079-jpj-1)
Submitted: November 18, 2010 Decided: December 2, 2010
Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Darrell P. Johnson, Appellant Pro Se. Eric Matthew Hurt,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darrell P. Johnson appeals the district court’s order
denying his motion to determine whether Amendment 709 is
clarifying or substantive pursuant to USSG § 1B1.1.11(b)(2) and
18 U.S.C. § 3582(a), (c)(2) (2006). We have reviewed the record
and find no reversible error. Accordingly, we deny Johnson’s
motion for appointment of counsel and affirm for the reasons
stated by the district court. United States v. Johnson, No.
2:01-cr-10079-jpj-1 (W.D. Va. Aug. 20, 2010). 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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