US v. Everett Armstrong, No. 09-6131 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6131 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EVERETT DARNELL ARMSTRONG, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:00-cr-00158-RAJ-1) Submitted: June 8, 2009 Decided: June 26, 2009 Before MOTZ, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Everett Darnell Armstrong, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Everett Darnell Armstrong appeals the district court s order denying his 18 sentence reduction. reversible error. U.S.C. § 3582(c) (2006) motion for a We have reviewed the record and find no Armstrong s contention that the district court attributed him with only 1.5 kilograms of cocaine base is contradicted by the criminal judgment s statement that the district court adopted the factual findings of the presentence investigation report. Accordingly, we affirm for the reasons stated by the district court. United States v. Armstrong, No. 2:00-cr-00158-RAJ-1 (E.D. Va. Dec. 5, 2008). Armstrong s government s dispense motions expense with oral for and preparation for argument of transcripts appointment because Further, we deny the of at counsel. facts and the We 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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