US v. Darrell P. Johnson, No. 10-7307 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7307 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DARRELL P. JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:01-cr-10079-jpj-1) Submitted: November 18, 2010 Before SHEDD and Circuit Judge. AGEE, Circuit Decided: Judges, and December 2, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Darrell P. Johnson, Appellant Pro Se. Eric Matthew Hurt, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Darrell P. Johnson appeals the district court s order denying his motion to determine whether Amendment 709 is clarifying or substantive pursuant to USSG § 1B1.1.11(b)(2) and 18 U.S.C. § 3582(a), (c)(2) (2006). and find no reversible error. We have reviewed the record Accordingly, we deny Johnson s motion for appointment of counsel and affirm for the reasons stated by the district court. United States v. Johnson, No. 2:01-cr-10079-jpj-1 (W.D. Va. Aug. 20, 2010). We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. AFFIRMED 2

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