United States of America v. Elijah Smith, Iii

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7302
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ELIJAH SMITH, III,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
Chief District Judge. (5:06-cr-00277-FL-1)
Submitted: November 17, 2009 Decided: November 24, 2009
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Elijah Smith, III, Appellant Pro Se. Robert Jack Higdon, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Elijah Smith, III, appeals the district court’s order
denying his motion to modify his sentence pursuant to 18 U.S.C.
§ 3582(c)(2) (2006). We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. See United States v. Smith, No. 5:06-cr-
00277-FL-1 (E.D.N.C. filed June 30, 2009; entered July 1, 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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