US v. Darrell Gumbs, No. 08-6942 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6942 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARRELL ANTONIO GUMBS, a/k/a Kyle, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (4:99-cr-00021-RBS-6) Submitted: August 14, 2008 Decided: August 22, 2008 Before MICHAEL, Circuit Judge, and WILKINS and HAMILTON, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Darrell Antonio Gumbs, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darrell Antonio Gumbs appeals the district court s order denying his motion under 18 U.S.C. § 3582(c)(2) (2000), seeking a reduction to his sentence based on an amendment to the Sentencing Guidelines. error. We have reviewed the record and find no reversible Accordingly, we find the district court did not abuse its discretion in denying the motion. See United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (motion under § 3582(c) is subject to the discretion of the district court ); United States v. Legree, 205 F.3d 724, 727 (4th Cir. 2000). 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 2

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