United States of America v. Rodney James Turner, a/k/a Rudy Poo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6313
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RODNEY JAMES TURNER, a/k/a Rudy Poo,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:03-cr-00035-REP-1)
Submitted: May 22, 2009 Decided: June 9, 2009
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert James Wagner, Assistant Federal Public Defender,
Richmond, Virginia, for Appellant. Michael Arlen Jagels,
Special Assistant United States Attorney, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Rodney James Turner appeals the district court’s order
denying his 18 U.S.C. § 3582(c)(2) (2006) motion. We have
reviewed the record and determine Turner’s appeal is moot
because he is no longer in custody. See USSG § 1B1.10(b)(2)(C).
Accordingly, we deny his motions for appointment of counsel and
dismiss the appeal. See Powell v. McCormack, 395 U.S. 486, 496
(1969); Incumaa v. Ozmint, 507 F.3d 281, 286 (4th Cir. 2007).
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.
DISMISSED

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