US v. David Lightner, No. 09-7900 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7900 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID FITZGERALD LIGHTNER, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:93-cr-00133-FDW-2) Submitted: December 17, 2009 Decided: December 31, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. David Fitzgerald Lightner, 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 Unpublished opinions are not binding precedent in this circuit.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: David Fitzgerald Lightner appeals the district court s orders denying relief on his 18 U.S.C. § 3582(c)(2) motion and his subsequent motion for reconsideration. reviewed the record and find no reversible error. (2006) We have Accordingly, we affirm for the reasons stated by the district court. United States v. Lightner, No. 3:93-cr-00133-FDW-2 (W.D.N.C. Aug. 28, 2009; Oct. 7, 2009). facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 2

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