UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7188
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTONIO ALFONZO ROGERS, a/k/a Monkey,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:94-cr-00092-FDW-2)
Submitted: April 2, 2009 Decided: April 15, 2009
Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Claire J. Rauscher, Federal Public Defender, Charlotte, North
Carolina; Matthew Segal, Assistant Federal Public Defender,
Asheville, North Carolina, for Appellant. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antonio Alfonzo Rogers appeals the district court’s
order determining that he is ineligible for a sentence
modification pursuant to 18 U.S.C. § 3582(c) (2006), or
alternatively that the court would deny his motion as a matter
of discretion based upon his post-sentencing conduct. Finding
no reversible error, we affirm on the reasoning of the district
court. United States v. Rogers, No. 3:94-cr-00092-FDW-2
(W.D.N.C. June 5, 2008). We deny Rogers’ motion for appointment
of counsel. 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
United States v. Rogers
Combined Opinion