US v. Chuck Bellamy, No. 09-4037 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4037 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHUCK WILLIE BELLAMY, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:05-cr-01036-TLW-1) Submitted: June 22, 2009 Decided: June 29, 2009 Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Chuck Willie Bellamy, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Chuck Willie Bellamy appeals from the district court s order granting the Government s Fed. R. Crim. P. 35(b) motion and reducing months. On Bellamy s term of appeal, Bellamy imprisonment challenges the from 216 extent to 120 of the district court s departure, which this court has no jurisdiction to consider on appeal, absent circumstances not here alleged. See United States v. Hill, 70 F.3d 321, 324 (4th Cir. 1995). Accordingly, we deny Bellamy s counsel, and dismiss the appeal. motion for appointment of 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 2

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