United States v. Delgado ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7340
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTIN DELGADO,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:06-cr-00164-RBS-JEB-1)
Submitted: December 16, 2009 Decided: December 30, 2009
Before GREGORY and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Martin Delgado, Appellant Pro Se. Laura Marie Everhart,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Martin Delgado, a federal prisoner, appeals from the
district court’s order denying his second 18 U.S.C. § 3582(c)(2)
(2006) motion for a reduction of sentence based on the reduced
offense levels for crack cocaine offenses. Because Delgado has
not shown that the district court’s previous disposition of this
motion is clearly erroneous or would work a manifest injustice,
the court’s prior holding is the law of the case, and Delgado
may not relitigate that issue in a duplicative motion. See
United States v. Aramony, 166 F.3d 655, 661 (4th Cir. 1999).
Accordingly, we affirm the district court’s order on that basis.
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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