UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4751
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHAWN DEWAYNE RUCKER,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Thomas E. Johnston,
District Judge. (5:03-cr-00097-1)
Submitted: July 10, 2009 Decided: August 17, 2009
Before NIEMEYER, KING, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Matthew A. Victor, VICTOR VICTOR & HELGOE LLP, Charleston, West
Virginia, for Appellant. Charles T. Miller, United States
Attorney, Miller Bushong, Assistant United States Attorney,
Beckley, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shawn Dewayne Rucker appeals the district court’s
order revoking his supervised release, rejecting his claim that
he was entitled to a two-level reduction in his offense level
based upon the amendments to the crack cocaine sentencing
guidelines, and imposing a twenty-one-month sentence upon
revocation of supervised release. We have reviewed the record
and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. United States v. Rucker,
No. 5:03-cr-00097-1 (S.D.W. Va. July 15, 2008); see also United
States v. Forman, 553 F.3d 585, 588-89 (7th Cir.), cert. denied,
129 S. Ct. 1924 (2009). 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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