US v. Tony Alexander, No. 12-7219 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7219 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TONY BERNARD ALEXANDER, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:95-cr-00178-MOC-1) Submitted: November 20, 2012 Before TRAXLER, Judges. Chief Judge, Decided: November 27, 2012 and SHEDD and FLOYD, Circuit Affirmed by unpublished per curiam opinion. Tony B. Alexander, Appellant Pro Se. Kelli Hamby Ferry, Assistant United States Attorney, Charlotte, North Carolina; Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tony B. Alexander appeals from the district court s order granting in part his motion for pursuant to 18 U.S.C. § 3582(c) (2006). * record and find no reversible error. reduction of sentence We have reviewed the Accordingly, we affirm for the reasons stated by the district court. United States v. Alexander, No. 3:95-cr-00178-MOC-1 (W.D.N.C. June 8, 2012); see United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) (holding that § 3582(c) proceeding is not a resentencing). dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED * Although the district court granted Alexander s § 3582 motion, the reduction granted by the court did not reduce Alexander s sentence to the full extent he requested. 2

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