UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7530
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CRUSO R. WALLACE,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Thomas E. Johnston,
District Judge. (5:02-cr-00101-3)
Submitted: April 13, 2010 Decided: April 22, 2010
Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Cruso R. Wallace, Appellant Pro Se. John J. Frail, Assistant
United States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cruso R. Wallace appeals from the district court’s
orders denying his 18 U.S.C. § 3582 (2006) motion for reduction
of sentence and his motion for reconsideration. We have
reviewed the record in this case and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. United States v. Wallace, No. 5:02-cr-00101-3 (S.D. W.
Va. June 9 & July 31, 2009). In addition, we note that
Wallace’s claims on appeal are barred by our decision in United
States v. Dunphy, 551 F.3d 247, 251-52 (4th Cir.), cert. denied,
129 S. Ct. 2401 (2009) (finding jurisdictional bar to reducing
prison term below the amended Guidelines range). 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