United States of America v. Anthony Merrick, a/k/a “C”

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6438
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
ANTHONY MERRICK, a/k/a “C”,
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-19)
Submitted: October 19, 2011 Decided: November 3, 2011
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony Merrick, Appellant Pro Se. Laura Pellatiro Tayman,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Anthony Merrick appeals the district court’s orders:
denying his motion seeking relief under the Fair Sentencing Act
of 2010; and denying his motion for 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. Merrick, No. 2:94-cr-00163-RBS-19 (E.D. Va. Feb. 3 &
Mar. 7, 2011).*
AFFIRMED
We deny the motion to place this case in
abeyance and 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.
* We recently held that the Fair Sentencing Act of 2010 does
not apply retroactively to defendants sentenced prior to
August 3, 2010, the effective date of the Act. United States v.
Bullard, 645 F.3d 237 (4th Cir. 2011). Merrick is such a
defendant.

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