US v. Monte Gregory, No. 09-7048 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7048 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MONTE DUBOIS GREGORY, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:08-cv-00482-FDW) Submitted: October 27, 2009 Decided: December 10, 2009 Before NIEMEYER, MICHAEL, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Monte Dubois Gregory, Appellant Pro Se. Gretchen C. F. Shappert, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Monte Dubois Gregory appeals the district court s order denying Gregory s motion to compel the Government to file a Federal Rule of Criminal Procedure 35(b) motion. reviewed the record and find no reversible error. We have Accordingly, we affirm for the reasons stated by the district court. States v. 2009). legal before Gregory, No. 3:08-cv-00482-FDW (W.D.N.C. United Apr. 15, We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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