UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7623
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WAYNE ERVIN LAMBERT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron McGowan Currie, District
Judge. (CR-92-405)
Submitted: March 7, 2000 Decided: March 17, 2000
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Douglas A. Trant, TRANT & ASSOCIATES, Knoxville, Tennessee, for
Appellant. J. Rene Josey, United States Attorney, Mark C. Moore,
Assistant United States Attorney, Ann Agnew Cupp, Columbia, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Wayne Ervin Lambert appeals the district court’s order denying
his motion to compel the Government to file a motion for reduction
of sentence under Fed. R. Crim. P. 35. He contends that this deci-
sion was in error, and that the district court abused its discre-
tion in failing to conduct an evidentiary hearing. We have re-
viewed the district court’s decision and the materials presented by
the parties, and find no reversible error in the district court’s
denial of Lambert’s motion. We likewise find that the district
court did not abuse its discretion in refusing to conduct an evi-
dentiary hearing. See United States v. Pridgen, 64 F.3d 147, 150
(4th Cir. 1995) (providing standard). Accordingly, we affirm on
the reasoning of the district court.* See United States v. Lambert,
No. CR-92-405 (D.S.C. Nov. 18, 1999). 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
*
We deny the Government’s motion to file a surreply brief.
2