US v. Trini McDaniel, No. 09-6031 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6031 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TRINI MCDANIEL, a/k/a John Paul Morris, a/k/a Brother-inLaw, a/k/a Bro-Law, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:96-cr-00041-JRS-7) Submitted: March 12, 2009 Before MOTZ and Circuit Judge SHEDD, Decided: Circuit Judges, and March 18, 2009 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Trini McDaniel, Appellant Pro Se. Assistant United States Attorney, Appellee. Richard Richmond, Daniel Cooke, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Trini McDaniel appeals a district court order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c) (2006). a The district court found McDaniel was not eligible for reduction because he was kilograms of crack cocaine. We denying find McDaniel s the responsible more abuse than its 4.5 We affirm. district motion for for did a not sentence discretion reduction. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating standard of review). court s order. Accordingly, we affirm the district 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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