United States of America v. Herbert Smart

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7018
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
HERBERT SMART,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:97-cr-00025-RAJ-5)
Submitted: August 8, 2008 Decided: August 27, 2008
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Herbert Smart, Appellant Pro Se. Laura Marie Everhart, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Herbert Smart appeals the district court’s order denying
his motion under 18 U.S.C. § 3582(c)(2) (2000), seeking a reduction
to his sentence based on an amendment to the Sentencing Guidelines.
We have reviewed the record and find no reversible error.
Accordingly, we find the district court did not abuse its
discretion in denying the motion. 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). 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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