UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-5073
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GEORGE B. SPENCE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (CR-02-6)
Submitted: January 3, 2006 Decided: January 19, 2006
Before LUTTIG, WILLIAMS, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John S. Edwards, Roanoke, Virginia, for Appellant. John L.
Brownlee, United States Attorney, Jean B. Hudson, Assistant United
States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,
Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
George B. Spence appeals the denial of his motion to compel
specific performance of that portion of his plea agreement
requiring the government to make a motion for a downward departure
if Spence offered full, voluntary, and truthful testimony, if he
abided by any reasonable requests of the case agents or the United
States Attorney’s Office, and if his efforts resulted in the
prosecution of another person. Having carefully considered the
parties’ submissions, we affirm for the reasons stated in the
opinion 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
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