United States of America v. Mitchell Smalls

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6786
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MITCHELL SMALLS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:96-cr-00131-RBS-2)
Submitted: February 26, 2009 Decided: March 4, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Mitchell Smalls, Appellant Pro Se. Robert Edward Bradenham, II,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Mitchell Smalls appeals the district court’s order
granting his motion filed pursuant to 18 U.S.C. § 3582(c)(2)
(2006), and reducing his sentence from life imprisonment to 405
months. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. United States v. Smalls, No. 2:96-cr-00131-RBS-
2 (E.D. Va. Apr. 18, 2008); see United States v. Dunphy, 551
F.3d 247, 251 (4th Cir. 2009) (holding that § 3582 proceedings
“do not constitute a full resentencing of the defendant”)
(internal quotation marks and citation omitted). 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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