US v. Damian Bey, No. 09-7772 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7772 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAMIAN G. BEY, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:03-cr-00252-BR-1) Submitted: March 22, 2010 Decided: April 8, 2010 Before KING, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Damian G. Bey, Appellant Pro Se. Ethan A. Ontjes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Damian denying his Giovanni motion for a U.S.C. § 3582(c) (2006). no reversible error. Bey appeals sentence (E.D.N.C. district reduction court filed order under 18 We have reviewed the record and find Accordingly, we affirm for the reasons United States v. Bey, No. 5:03- stated by the district court. cr-00252-BR-1 a Aug. 27, 2009). We also deny Bey s motion to hold his appeal in abeyance pending the United States Supreme Court s decision in United States v. Dillon, No. 096338. 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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