US v. Shawn Smithwick, No. 08-8469 (4th Cir. 2010)

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This opinion or order relates to an opinion or order originally issued on July 20, 2009.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8469 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHAWN RHONDU SMITHWICK, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:06-cr-00121-F-1) Submitted: April 13, 2010 Before TRAXLER, Judges. Chief Judge, Decided: and NIEMEYER and May 12, 2010 KING, Circuit Affirmed by unpublished per curiam opinion. Shawn Rhondu Smithwick, Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Shawn order denying Rhondu his 18 reduction of sentence. reversible error. Smithwick appeals U.S.C. 3582(c)(2) ยง the district (2006) court s motion for We have reviewed the record and find no Accordingly, we deny Smithwick s motion for appointment of counsel and affirm for the reasons stated by the district court. United States v. Smithwick, No. 5:06-cr-00121- F-1 (E.D.N.C. Oct. 17, 2008). 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. AFFIRMED 2

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