US v. Jermaine Black, No. 09-8001 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8001 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JERMAINE BLACK, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:97-cr-00031-FDW-1) Submitted: July 22, 2010 Decided: July 29, 2010 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Jermaine Black, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jermaine denying reduction Black s of Black 18 U.S.C. sentence sentencing guidelines. appeals § the district 3582(c)(2) pursuant to court s (2006) Amendment motion 599 of order for the We have reviewed the record and conclude that Amendment 599 does not apply to Black s sentence and that he is therefore not entitled to relief under § 3582(c)(2). dispense with oral argument because the facts and We 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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