UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7556
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARRYL L. MOFFETT,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (3:96-cr-00170-RLV-1)
Submitted: May 6, 2009 Decided: May 26, 2009
Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Darryl L. Moffett, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darryl L. Moffett appeals the district court’s order
denying his motion for reduction of sentence under 18 U.S.C.
§ 3582(c)(2) (2006). Moffett argues that the district court
erred by failing to reduce his sentence under Amendment 706 of
the Guidelines, see U.S. Sentencing Guidelines Manual (“USSG”)
§ 2D1.1(c) (2008); USSG App. C, Amend. 706. We have reviewed
the record and find the district court properly exercised its
discretion after considering the applicable 18 U.S.C. § 3553(a)
(2006) factors. Accordingly, we affirm. 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