United States of America v. Preston Darnell Roe

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6475
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
ANTOINE M. WOOTEN,
Defendant – Appellee,
v.
PRESTON DARNELL ROE,
Movant – Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:06-cr-00356-RLW)
Submitted: March 30, 2009 Decided: April 15, 2009
Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Horace F. Hunter, HUNTER & LIPTON, L.L.P., Richmond, Virginia,
for Appellant. Chuck Rosenberg, United States Attorney,
Jonathan H. Hambrick, OFFICE OF THE UNITED STATES ATTORNEY,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Preston Darnell Roe appeals the district court’s order
denying his motion to unseal the presentence report of another
defendant in a closed criminal case. We have reviewed the
record included on appeal as well as the parties’ briefs, and we
find no reversible error. Accordingly, we affirm. See United
States Dep’t of Justice v. Julian, 486 U.S. 1, 12 (1988)
(holding that a third party must make a showing of a “special
need” in order to gain access to another individual’s
presentence report). 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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