US v. Preston Roe, No. 08-6475 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6475 UNITED STATES OF AMERICA, Plaintiff - Appellee, ANTOINE M. WOOTEN, Defendant Appellee, v. PRESTON DARNELL ROE, Movant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:06-cr-00356-RLW) Submitted: March 30, 2009 Decided: April 15, 2009 Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Horace F. Hunter, HUNTER & LIPTON, L.L.P., Richmond, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Jonathan H. Hambrick, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Preston Darnell Roe appeals the district court s order denying his motion to unseal the presentence report of another defendant in a closed criminal case. We have reviewed the record included on appeal as well as the parties briefs, and we find no reversible error. States Dep t of Justice See United Accordingly, we affirm. v. Julian, 486 U.S. 1, 12 (1988) (holding that a third party must make a showing of a special need in order to presentence report). facts and materials legal before gain access to another individual s We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 2

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