US v. Michael Justin Smith, No. 11-6007 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6007 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MICHAEL JUSTIN SMITH, Defendant Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:05-cr-00207-F-1) Submitted: May 12, 2011 Decided: May 20, 2011 Before NIEMEYER, WYNN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael Justin Smith, Appellant Pro Se. S. Katherine Burnette, Michael Gordon James, OFFICE OF THE UNITED STATES ATTORNEY, Barbara Dickerson Kocher, Jennifer P. May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Justin Smith appeals the district court s order denying his self-styled Motion to Defer Payment Schedule of his court-ordered criminal monetary penalties. Because the district court was without authority to grant the relief sought by Smith in his motion to defer, we affirm the district court s order. (E.D.N.C. See Nov. United 22, States 2010). v. Smith, No. We dispense 5:05-cr-00207-F-1 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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