US v. Jose Gutierrez, No. 08-8497 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8497 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE GUTIERREZ, a/k/a Pappy, a/k/a Cuban, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Aiken. Cameron McGowan Currie, District Judge. (1:91-cr-00189-CMC-1) Submitted: April 16, 2009 Decided: April 24, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Jose Gutierrez, Appellant Pro Se. Robert Claude Jendron, Jr., Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jose Gutierrez appeals the district court s order denying his motion for reconsideration of its previous order denying his motion for reduction U.S.C. § 3582(c) (2006). no reversible error. States v. Dunphy, sentence pursuant to 18 We have reviewed the record and find Accordingly, we affirm for the reasons stated by the district court. 1:91-cr-00189-CMC-1 of (D.S.C. 551 F.3d United States v. Gutierrez, No. Nov. 247 24, (4th 2008). Cir. See 2009). United We deny Gutierrez s motion for appointment of counsel. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. AFFIRMED 2

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