US v. Elijah Smith, III, No. 09-7302 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7302 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ELIJAH SMITH, III, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:06-cr-00277-FL-1) Submitted: November 17, 2009 Decided: November 24, 2009 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Elijah Smith, III, Appellant Pro Se. Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Elijah Smith, III, appeals the district court s order denying his motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2) (2006). reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. See United States v. Smith, No. 5:06-cr- 00277-FL-1 (E.D.N.C. filed June 30, 2009; entered July 1, 2009). 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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