UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6199
DARRELL L. PADGETT,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. Elizabeth V. Hallanan,
Senior District Judge. (CR-91-166; CA-03-571-1)
Submitted: July 15, 2004 Decided: July 21, 2004
Before MOTZ, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Darrell L. Padgett, Appellant Pro Se. Michael Lee Keller, OFFICE OF
THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Darrell L. Padgett appeals from the district court’s
adoption of the magistrate judge’s recommendation to deny Padgett’s
18 U.S.C. § 3582(c)(2) (2000) motion for reduction of his sentence.
Padgett based his motion on Amendment 591 to the United States
Sentencing Guidelines. Because our review of the record shows that
application of Amendment 591 would not change the calculation of
Padgett’s sentence, we grant leave to proceed in forma pauperis and
affirm the order of the district court. 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 -