US v. David Armstrong, No. 09-6369 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6369 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DAVID LYNDON ARMSTRONG, Defendant Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:03-cr-00107-F-1) Submitted: July 23, 2009 Decided: July 29, 2009 Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. David Lyndon Armstrong, Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David order denying Lyndon his Armstrong motion to 18 U.S.C. ยง 3582(c)(2) (2006). find no reversible error. appeals modify the his district sentence court s pursuant We have reviewed the record and Accordingly, reasons stated by the district court. we affirm for with oral argument because the See United States v. Armstrong, No. 7:03-cr-00107-F-1 (E.D.N.C. Feb. 17, 2009). dispense to 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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