US v. Darwin Turner, No. 09-7731 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7731 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DARWIN LEWIS TURNER, a/k/a Abbey, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:06-cr-00001-RLV-DCK-2) Submitted: November 19, 2009 Decided: December 4, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Darwin Lewis Turner, Appellant Pro Se. Gretchen C.F. Shappert, UNITED STATES DEPARTMENT OF JUSTICE, Washington, DC, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darwin Lewis Turner filed a notice of appeal from a pleading filed by his counsel informing the district court that Turner was not eligible for a sentence reduction pursuant to Amendment 706 to the § 3582(c)(2) (2006). over final orders Sentencing Guidelines and 18 U.S.C. This court may exercise jurisdiction only of the district court, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders of the district court, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Because Beneficial counsel s pleading dismiss the appeal. facts and materials legal before Indus. Loan is 337 U.S. Corp., not an 541 appealable (1949). order, we We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 2

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