United States of America v. James Edward Ellerbe

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7830
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAMES EDWARD ELLERBE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:97-cr-00100-BR-1)
Submitted: February 18, 2010 Decided: February 25, 2010
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Edward Ellerbe, Appellant Pro Se. John Samuel Bowler,
Rudolf A. Renfer, Jr., Assistant United States Attorneys,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Edward Ellerbe appeals the district court’s
order denying his motion for reduction of sentence pursuant to
18 U.S.C. § 3582(c) (2006), and its subsequent order denying
reconsideration. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Ellerbe, No. 5:97-cr-
00100-BR-1 (E.D.N.C. Sept. 2, 2009; Dec. 9, 2009). We deny
Ellerbe’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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