United States of America, Plaintiff-appellee, v. Benjamin C. Horne, Defendant-appellant, 918 F.2d 174 (4th Cir. 1990)

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U.S. Court of Appeals for the Fourth Circuit - 918 F.2d 174 (4th Cir. 1990) Submitted Oct. 29, 1990. Decided Nov. 14, 1990

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert R. Merhige, Jr., Senior District Judge. (CR-88-93)

Benjamin C. Horne, appellant pro se.

William Anthony Kolibash, United States Attorney, Elkins, W.Va., for appellee.

N.D.W. Va.


Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.


Benjamin C. Horne appeals from the district court's order denying his motion for a reduction of sentence under Fed. R. Crim. P. 35(b). Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. United States v. Horne, CR-88-93 (N.D.W. Va. Feb. 26, 1990). 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.