US v. Hubert Ramsey, No. 09-7738 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7738 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. HUBERT RAMSEY, a/k/a J.R., a/k/a J.R. Ramsey, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:96-cr-00005-RLV-4) Submitted: January 19, 2010 Decided: January 27, 2010 Before NIEMEYER, KING, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Stanford Kent Clontz, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Hubert Ramsey appeals the district court s order denying his motion for a reduction of sentence filed pursuant to 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find the district court did not abuse its discretion in denying the motion. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (motion under § 3582(c) is subject to the discretion of the district court ); United States v. Legree, 205 F.3d 724, 727 (4th Cir. 2000). Thus, we affirm for the reasons stated by the district court. See United States v. Ramsey, No. 5:96-cr-00005- RLV-4 (W.D.N.C. Sept. 11, 2009). We deny counsel s motions to withdraw as moot and dispense with oral argument because the facts and materials legal before contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 2

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