US v. Vincent Rutherford, No. 09-6966 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6966 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. VINCENT RUTHERFORD, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:02-cr-00049-GCM-1) Submitted: December 17, 2009 Decided: January 21, 2010 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Vincent Rutherford, Appellant Pro Se. C. Nicks Williams, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Vincent Rutherford appeals the district court s order denying his § 3582(c) motion (2006). reversible error. for We reduction have of reviewed the and U.S.C. find no United States v. Rutherford, No. 1:02- cr-00049-GCM-1 (W.D.N.C. May 21, 2009). to record 18 Accordingly, we affirm for the reasons stated by the district court. motion sentence, strike sentencing We deny Rutherford s enhancement and request for evidentiary hearing and incorporated memorandum of law, and 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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