US v. Kevin Walker, No. 10-6364 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6364 UNITED STATES OF AMERICA, Plaintiff Appellee, v. KEVIN LAMONT WALKER, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (4:05-cr-00005-RBS-JEB-1) Submitted: August 26, 2010 Decided: September 1, 2010 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Kevin Lamont Walker, Appellant Pro Se. Howard Jacob Zlotnick, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kevin court s order Lamont denying Walker his seeks Fed. R. to appeal Civ. P. the 60(b) district motion for reconsideration of that court s denial of his § 3582 motion. This Court reviews the denial of a motion for relief judgment pursuant to Rule 60(b) for an abuse of discretion. from MLC Automotive, LLC v. Town of Southern Pines, 532 F.3d 269, 277 (4th Cir. 2008). This Court may not review the merits of the underlying order, but instead may only review the denial of the motion with respect to the grounds set forth in Rule 60(b)." Id. (internal quotation marks omitted). Having reviewed district court did not district court order the record, we conclude abuse its discretion denying the R. 60(b) and that the affirm the motion. United States v. Walker, No. 4:05-cr-00005-RBS-JEB-1 (E.D. Va. Feb. 12, 2010). We legal before dispense contentions the court with oral argument are adequately and argument because presented would not in aid the the the facts and materials decisional process. AFFIRMED 2

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