United States of America v. Robert Earl Mallory, a/k/a Mally

08-4445Court of Appeals for the Fourth Circuit12 de mar. de 2009

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4445
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT EARL MALLORY, a/k/a Mally,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:04-cr-01066-HFF-5)
Submitted: February 11, 2009 Decided: March 12, 2009
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
David W. Plowden, Assistant Federal Public Defender, Greenville,
South Carolina, for Appellant. W. Walter Wilkins, United States
Attorney, A. Lance Crick, Assistant United States Attorney,
Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Earl Mallory appeals the district court’s order
granting his motion filed pursuant to 18 U.S.C. § 3582(c)(2)
(2006), and reducing his sentence from sixty-five to fifty-two
months of imprisonment. We have reviewed the parties’ briefs,
the district court’s order, and the joint appendix and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. United States v. Mallory, No. 6:04-cr-
01066-HFF-5 (D.S.C. Apr. 10, 2008); see United States v. Dunphy,
551 F.3d 247 (4th Cir. 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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