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  • United States v. Downing, 4th Cir. (2009)

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    This document summarizes a court case in which James E. Downing appealed a district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). A panel of the Fourth Circuit Court of Appeals reviewed the record and found no reversible error, affirming the district court's decision to deny the motion for the reasons stated in United States v. Downing, No. 4:05-cr-00052-H-2 (E.D.N.C. Aug. 4, 2009). The panel dispensed with oral arguments as the facts and legal issues were adequately presented in the materials before the court.

    Original Description:

    Filed: 2009-12-30 Precedential Status: Non-Precedential Docket: 09-7494

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    This document summarizes a court case in which James E. Downing appealed a district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). A panel of the Fourth Circuit Court of Appeals reviewed the record and found no reversible error, affirming the district court's decision to deny the motion for the reasons stated in United States v. Downing, No. 4:05-cr-00052-H-2 (E.D.N.C. Aug. 4, 2009). The panel dispensed with oral arguments as the facts and legal issues were adequately presented in the materials before the court.

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    Public Domain
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    1 views2 pages

    United States v. Downing, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which James E. Downing appealed a district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). A panel of the Fourth Circuit Court of Appeals reviewed the record and found no reversible error, affirming the district court's decision to deny the motion for the reasons stated in United States v. Downing, No. 4:05-cr-00052-H-2 (E.D.N.C. Aug. 4, 2009). The panel dispensed with oral arguments as the facts and legal issues were adequately presented in the materials before the court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-7494

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JAMES E. DOWNING, a/k/a Marcus Moultrie, a/k/a Rahmel Lyles,
    a/k/a Ramez Lyles,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Greenville.
    Malcolm J. Howard,
    Senior District Judge. (4:05-cr-00052-H-2)

    Submitted:

    December 17, 2009

    Decided:

    December 30, 2009

    Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    James E. Downing, Appellant Pro Se.


    Rudolf A. Renfer, Jr.,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James E. Downing appeals the district courts order
    denying relief on his motion for reduction of sentence pursuant
    to 18 U.S.C. 3582(c)(2) (2006).
    and find no reversible error.

    We have reviewed the record

    Accordingly, we affirm for the

    reasons stated by the district court.

    United States v. Downing,

    No. 4:05-cr-00052-H-2 (E.D.N.C. Aug. 4, 2009).

    We dispense with

    oral

    contentions

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    the

    court

    are
    and

    argument would not aid the decisional process.


    AFFIRMED

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