United States of America v. Terry Lemont Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7223
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
TERRY LEMONT SMITH,
Defendant – Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:04-cr-00339-JAB-1)
Submitted: November 19, 2009 Decided: December 2, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Terry Lemont Smith, Appellant Pro Se. Angela Hewlett Miller,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Terry Lemont Smith appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion. We have
reviewed the record and find no reversible error. Accordingly,
we deny Smith’s motion for appointment of counsel and affirm for
the reasons stated by the district court. United States v.
Smith, No. 1:04-cr-00339-JAB-1 (M.D.N.C. June 18, 2009). 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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