United States of America v. Todd Andrew Herbert

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8489
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TODD ANDREW HERBERT,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. Norman K. Moon, District
Judge. (5:97-cr-30024-nkm-1)
Submitted: February 19, 2009 Decided: February 27, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Todd Andrew Herbert, Appellant Pro Se. Joseph William Hooge
Mott, Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Todd Andrew Herbert appeals the district court order
denying his motion to reduce his sentence under 18 U.S.C.
§ 3582(c)(2) (2006). We have reviewed the record and Herbert’s
contentions on appeal and find the district court did not abuse
its discretion denying the motion. See United States v. Goines,
357 F.3d 469, 478 (4th Cir. 2004). Accordingly, we affirm for
the reasons stated by the district court. See United States v.
Herbert, No. 5:97-cr-30024-nkm-1 (W.D. Va. Nov. 5, 2008). We
deny Herbert’s motion for appointment of counsel. 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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