US v. Emmett Graham, Jr., No. 10-7109 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7109 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. EMMETT MADISON GRAHAM, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:97-cr-00098-F-1) Submitted: November 18, 2010 Before SHEDD and Circuit Judge. AGEE, Circuit Decided: Judges, and December 1, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Emmett Madison Graham, Jr., Appellant Pro Se. Michael Gordon James, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Emmett court s order Madison denying Graham, his motion Jr., for appeals the district correction/reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006) or Fed. R. Crim. P. 52(b). We have reviewed error. Accordingly, we the record affirm. See and 18 find no U.S.C. reversible § 3582(c)(2) (permitting the court to reduce a sentence in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission.) We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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