US v. Richard Crowder, No. 08-7608 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7608 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHARD DANIEL CROWDER, a/k/a Maleek Simmons, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (1:05-cr-00201-LHT-1) Submitted: March 17, 2009 Decided: March 20, 2009 Before TRAXLER, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Matthew Gridley Pruden, TIN, FULTON, WALKER & OWEN, PLLC, Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Jill Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Richard orders denying Daniel his Crowder motion for appeals a the reduction district of court s sentence filed pursuant to 18 U.S.C. § 3582(c)(2) (2006) and his motion for reconsideration of that order. We have reviewed the record and find the district court did not abuse its discretion in denying the motions. (4th Cir. See United States v. Goines, 357 F.3d 469, 478 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 the district court s orders for the reasons stated there. See United States v. Crowder, No. 1:05-cr-00201-LHT-1 (W.D.N.C. May 28 & Aug. 5, 2008). legal before 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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