US v. Darryl Harris, No. 09-7449 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7449 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARRYL ANTON HARRIS, a/k/a Chub, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:95-cr-00005-FDW-15) Submitted: July 18, 2011 Decided: July 25, 2011 Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Darryl Anton Harris, 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 Unpublished opinions are not binding precedent in this circuit.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: Darryl court s order Anton denying Harris his seeks motion to for appeal the district reconsideration of the order granting his motion for reduction of sentence pursuant to 18 U.S.C. lacked ยง 3582(c)(2) authority the (2006). to reconsideration, Because consider the district Harris s motion court for see United States v. Goodwyn, 596 F.3d 233, 235-36 (4th Cir.), cert. denied, 130 S. Ct. 3530 (2010), we affirm the dispense district with oral court s argument order denying because the the motion. facts and We 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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