US v. Eric Smith, No. 10-6654 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6654 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ERIC BERNARD SMITH, a/k/a E, a/k/a Pac-Man, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:03-cr-00012-RLV-2) Submitted: July 22, 2010 Decided: August 3, 2010 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Eric Bernard Smith, 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 Unpublished opinions are not binding precedent in this circuit.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: Eric Bernard Smith appeals the district court s order denying his motion for reduction U.S.C. § 3582(c)(2) (2006). find no reversible of sentence pursuant to 18 We have reviewed the record and error. Accordingly, we affirm. See Dillon v. United States, __ S. Ct. __, No. 09-6338, 2010 WL 2400109, at *5 (June 17, 2010); United States v. Dunphy, 551 F.3d 247, (2009). legal before 251-53 (4th Cir.), cert. denied, 129 S. Ct. 2401 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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