US v. Edward Simmons, No. 09-7715 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7715 UNITED STATES OF AMERICA, Plaintiff Appellee, v. EDWARD SIMMONS, a/k/a Deuce, Defendant Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:07-cr-00041-JPB-DJJ-2) Submitted: November 19, 2009 Decided: December 4, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Edward Simmons, Appellant Pro Se. Thomas Oliver Mucklow, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edward denying his 18 Simmons U.S.C. appeals the § 3582(c)(2) district (2006) court s motion. reviewed the record and find no reversible error. order We have Accordingly, we affirm for the reasons stated by the district court. United States v. Simmons, No. 3:07-cr-00041-JPB-DJJ-2 (N.D.W. Va. Sept. 1, 2009). 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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