US v. Andre Smith, No. 09-7573 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7573 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ANDRE R. SMITH, a/k/a Erco, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:94-cr-00079-JRS-1) Submitted: March 23, 2011 Before MOTZ and Circuit Judge. KING, Circuit Decided: Judges, and April 8, 2011 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Andre R. Assistant Appellee. Smith, United Appellant Pro Se. Stephen States Attorney, Richmond, Wiley Miller, Virginia, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Andre R. Smith appeals the district court s order that granted his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of sentence and reduced his total sentence from 270 months to 246 months of imprisonment. We have reviewed the record and find no reversible error. We district facts court. and materials therefore legal before We affirm dispense the with sentence oral argument contentions are adequately the and argument court imposed by the because the presented would not in the aid the decisional process. AFFIRMED 2

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