United States v. Gutierrez ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8497
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE GUTIERREZ, a/k/a Pappy, a/k/a Cuban,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Cameron McGowan Currie, District
Judge. (1:91-cr-00189-CMC-1)
Submitted: April 16, 2009 Decided: April 24, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jose Gutierrez, Appellant Pro Se. Robert Claude Jendron, Jr.,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Gutierrez appeals the district court’s order
denying his motion for reconsideration of its previous order
denying his motion for reduction of sentence pursuant to 18
U.S.C. § 3582(c) (2006). We have reviewed the record and find
no reversible error. Accordingly, we affirm for the reasons
stated by the district court. United States v. Gutierrez, No.
1:91-cr-00189-CMC-1 (D.S.C. Nov. 24, 2008). See United
States v. Dunphy, 551 F.3d 247 (4th Cir. 2009). We deny
Gutierrez’s motion for appointment of counsel. 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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