United States v. Davis

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6239 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. TIMOTHY EARL DAVIS, a/k/a Black, Defendant – Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:99-cr-00027-H-3) Submitted: June 24, 2010 Decided: June 30, 2010 Before DUNCAN, AGEE, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Timothy Earl Davis, Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timothy Earl Davis appeals the district court’s order denying his motion for a reduction of sentence filed pursuant to 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find the district court did not abuse its discretion in denying the motion. See United States v. Stewart, 595 F.3d 197, 200 (4th Cir. 2010). Accordingly, we affirm the district court’s order for the reasons stated there. See United States v. Davis, No. 4:99-cr-00027-H-3 (E.D.N.C. Jan. 28, 2010). 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