United States v. Crowder

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7608
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICHARD DANIEL CROWDER, a/k/a Maleek Simmons,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Lacy H. Thornburg,
District Judge. (1:05-cr-00201-LHT-1)
Submitted: March 17, 2009 Decided: March 20, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Matthew Gridley Pruden, TIN, FULTON, WALKER & OWEN, PLLC,
Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray,
Assistant United States Attorney, Jill Westmoreland Rose, OFFICE
OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Richard Daniel Crowder appeals the district court’s
orders denying his motion for a reduction of sentence filed
pursuant to 18 U.S.C. § 3582(c)(2) (2006) and his motion for
reconsideration of that order. We have reviewed the record and
find the district court did not abuse its discretion in denying
the motions. See United States v. Goines, 357 F.3d 469, 478
(4th Cir. 2004) (motion under § 3582(c) “is subject to the
discretion of the district court”); United States v. Legree, 205
F.3d 724, 727 (4th Cir. 2000). Thus, we affirm the district
court’s orders for the reasons stated there. See United States
v. Crowder, No. 1:05-cr-00201-LHT-1 (W.D.N.C. May 28 & Aug. 5,
2008). 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
2