US v. Kirkwood Cabiness, No. 08-7546 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7546 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KIRKWOOD DONNELL CABINESS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Norman K. Moon, District Judge. (4:02-cr-70031-1) Submitted: May 21, 2009 Decided: May 26, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Kirkwood Donnell Cabiness, Appellant Pro Se. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kirkwood Donnell Cabiness appeals the district court s order denying his motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006), and its subsequent order denying his motion for reconsideration. We have reviewed the record and find Accordingly, no reasons reversible stated by error. the district we court. affirm United for States the v. Cabiness, No. 4:02-cr-70031-1 (W.D. Va. July 28, 2008; Aug. 8, 2008). See United States v. Dunphy, 551 F.3d 247 (4th Cir. 2009). We dispense with oral argument because the facts and legal before contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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