United States v. Graham

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7109
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EMMETT MADISON GRAHAM, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:97-cr-00098-F-1)
Submitted: November 18, 2010 Decided: December 1, 2010
Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Emmett Madison Graham, Jr., Appellant Pro Se. Michael Gordon
James, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Emmett Madison Graham, Jr., appeals the district
court’s order denying his motion for correction/reduction of
sentence under 18 U.S.C. § 3582(c)(2) (2006) or Fed. R. Crim. P.
52(b). We have reviewed the record and find no reversible
error. Accordingly, we affirm. See 18 U.S.C. § 3582(c)(2)
(permitting the court to reduce a sentence “in the case of a
defendant who has been sentenced to a term of imprisonment based
on a sentencing range that has subsequently been lowered by the
Sentencing Commission.)” 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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