US v. Sherif Ezzat, No. 09-6301 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6301 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHERIF SAFWAT EZZAT, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:05-cr-00336-GBL-1) Submitted: June 15, 2009 Decided: July 2, 2009 Before MOTZ, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, Federal Public Defender, Darren J. Johnson, Assistant Federal Public Defender, Alexandria, Virginia, for Appellant. Dana J. Boente, Acting United States Attorney, Lawrence J. Leiser, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sherif Safwat Ezzat appeals the district court s order granting his motion for sentence reduction under 18 U.S.C. § 3582(c)(2) (2006), but denying his request for a reduction below the range guidelines of as error. a result See Guidelines. Amend. 706. imprisonment U.S. of suggested Amendment Sentencing by 706 the to Guidelines reconfigured the Sentencing Manual, App. We have reviewed the record and find no reversible Accordingly, we affirm based on our recent decision in United States v. Dunphy, 551 F.3d 247 (4th Cir. 2009). dispense C. with oral argument because the facts and 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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