UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6404
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RUSSELL G. ROGERS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:03-cr-00609-CMH-1)
Submitted: January 10, 2012 Decided: January 26, 2012
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Russell G. Rogers, Appellant Pro Se. Dana James Boente,
Assistant United States Attorney, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Russell G. Rogers appeals the district court’s order
granting his 18 U.S.C. § 3582(c)(2) (2006) motion and reducing
his sentence by one month to the statutory mandatory minimum.
We previously remanded this matter to the district court for a
determination as to the timeliness of the appeal. The appeal
having been determined to be timely, we turn to the merits of
the case. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. United States v. Rogers, No. 1:03-cr-00609-CMH-
1 (E.D. Va. June 17, 2008). 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