US v. Dairus Perkins, No. 09-8156 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8156 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAIRUS KIOWA PERKINS, Defendant - Appellant. No. 10-6079 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAIRUS KIOWA PERKINS, Defendant - Appellant. Appeals from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (4:96-cr-30029-jlk-1) Submitted: March 30, 2010 Decided: April 30, 2010 Before MICHAEL * and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Dairus Kiowa Perkins, Appellant Pro Se. Donald Ray Wolthuis, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. * Judge Michael was a member of the original panel but did not participate in this decision. This opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d). 2 PER CURIAM: Dairus Kiowa Perkins appeals the district court s orders finding him ineligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) (2006), have and the his record motion and for reconsideration. We reversible error. Accordingly, we affirm for the reasons stated by the district court. reviewed denying motion to dispense with oral hold no United States v. Perkins, No. 4:96-cr- 30029-jlk-1 (W.D. Va. Nov. 19, 2009; Dec. 22, 2009). Perkins find Appeal argument No. 09-8156 because the We deny in abeyance facts and and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3

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