United States of America v. Herman Lee James, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6142
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
HERMAN LEE JAMES, JR.,
Defendant – Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph R. Goodwin,
Chief District Judge. (2:99-cr-00198-1)
Submitted: April 16, 2009 Decided: April 27, 2009
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Herman Lee James, Jr., Appellant Pro Se. John J. Frail, United
States Attorney, Monica Kaminski Schwartz, Assistant United
States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Herman Lee James, Jr., appeals an order of the
district court which reduced his sentence from life imprisonment
to 360 months pursuant to 18 U.S.C. § 3582(c) (2006). We have
reviewed the record and find no reversible error. Accordingly,
we affirm. United States v. James, No. 2:99-cr-00198-1 (S.D.W.
Va. Jan. 9, 2009). See United States v. Dunphy, 551 F.3d 247
(4th Cir. 2009), petition for cert. filed, Mar. 20, 2009 (No.
08-1185). We deny James’ motion for appointment of counsel and
his untimely request for rehearing and rehearing en banc of his
direct appeal, which was decided in 2001. 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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