US v. Calvin Green, No. 09-7012 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7012 UNITED STATES OF AMERICA, Plaintiff Appellee, v. CALVIN BERNARD GREEN, a/k/a Aaron O. Smith, Jr., a/k/a Calvin M. Green, a/k/a Calvin D. Smith, a/k/a Calvin Marvin Smith, a/k/a Calvin Darnell Green, a/k/a Budda Smith, a/k/a Calvin Darnell Smith, a/k/a William Mingo Johnson, Defendant Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:99-cr-00032-jct-1) Submitted: August 14, 2009 Before KING and Circuit Judge. AGEE, Circuit Decided: Judges, and August 25, 2009 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Calvin Bernard Green, Appellant Pro Se. Joseph William Hooge Mott, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Calvin Bernard Green appeals the district court s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. Green argued that his sentence should be reduced in light of Amendment 706 to the U.S. Sentencing Guidelines Manual. We have previously addressed and rejected the issue now raised by Green. United States v. Green, (4th Cir. Dec. 1, 2008) (per curiam). 301 F. App x 201 Thus, this court s prior holding is law of the case, and Green may not relitigate that issue in this appeal. See United States v. Aramony, 166 F.3d 655, 661 (4th Cir. 1999). Accordingly, we affirm the district court s order for that reason. United States v. Green, No. 7:99-cr-00032-jct-1 (W.D. Va. May 19, 2009). oral argument adequately because presented in the the facts and materials We dispense with legal before contentions the court are and argument would not aid the decisional process. AFFIRMED 2

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