United States v. Alvarez ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7021
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JOSEPH ALVAREZ, a/k/a Joe Hill,
Defendant – Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:95-cr-00072-6)
Submitted: February 11, 2010 Decided: March 1, 2010
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Joseph Alvarez, Appellant Pro Se. John Lanier File, Assistant
United States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Joseph Alvarez appeals the district court’s orders
granting his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction
of sentence and denying his motion to proceed in forma pauperis
on appeal pursuant to 28 U.S.C. § 1915(c)(3) (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. Alvarez, No. 1:95-cr-00072-6 (S.D. W. Va. May 11,
2009; June 1, 2009). 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
*
We note that Alvarez has been permitted to proceed in
forma pauperis on appeal, rendering moot his challenge to the
district court’s denial of his motion to proceed on appeal in
forma pauperis.
2