United States v. Rutherford ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6966
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VINCENT RUTHERFORD,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Graham C. Mullen,
Senior District Judge. (1:02-cr-00049-GCM-1)
Submitted: December 17, 2009 Decided: January 21, 2010
Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Vincent Rutherford, Appellant Pro Se. C. Nicks Williams, OFFICE
OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Vincent Rutherford appeals the district court’s order
denying his motion for reduction of sentence, 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. Rutherford, No. 1:02-
cr-00049-GCM-1 (W.D.N.C. May 21, 2009). We deny Rutherford’s
motion to strike sentencing enhancement and request for
evidentiary hearing and incorporated memorandum of law, and 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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