United States of America v. Samuel Benjamin Kelly, a/k/a Tiz

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7011
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SAMUEL BENJAMIN KELLY, a/k/a Tiz,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:94-cr-00163-RBS-4)
Submitted: October 21, 2008 Decided: October 28, 2008
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Samuel Benjamin Kelly, Appellant Pro Se. Laura Pellatiro Tayman,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Samuel Benjamin Kelly appeals the district court’s orders
denying his motion under 18 U.S.C. § 3582(c)(2) (2000) for a
reduction of sentence and his Fed. R. Civ. P. 59(e) motion to alter
or amend judgment. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated by
the district court. United States v. Kelly, No. 2:94-cr-00163-RBS-
4 (E.D. Va. Filed Apr. 9, entered Apr. 10, 2008; filed May 8,
entered May 14, 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 of 2 --