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  • United States v. Smith, 4th Cir. (2010)

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    David Wayne Smith, Jr. appealed the district court's denial of his motion for specific performance and a sentence reduction. The Court of Appeals reviewed the record and found no reversible error, affirming the district court's ruling for the reasons stated. Smith's motion for transcripts at government expense was also denied. The appeals court decided oral arguments were not necessary as the facts and legal issues were adequately explained in the case materials. The district court's ruling was affirmed.

    Original Description:

    Filed: 2010-05-28 Precedential Status: Non-Precedential Docket: 10-6269

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    David Wayne Smith, Jr. appealed the district court's denial of his motion for specific performance and a sentence reduction. The Court of Appeals reviewed the record and found no reversible error, affirming the district court's ruling for the reasons stated. Smith's motion for transcripts at government expense was also denied. The appeals court decided oral arguments were not necessary as the facts and legal issues were adequately explained in the case materials. The district court's ruling was affirmed.

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    United States v. Smith, 4th Cir. (2010)

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    Scribd Government Docs
    David Wayne Smith, Jr. appealed the district court's denial of his motion for specific performance and a sentence reduction. The Court of Appeals reviewed the record and found no reversible error, affirming the district court's ruling for the reasons stated. Smith's motion for transcripts at government expense was also denied. The appeals court decided oral arguments were not necessary as the facts and legal issues were adequately explained in the case materials. The district court's ruling was affirmed.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6269

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DAVID WAYNE SMITH, JR.,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    James C. Turk, Senior
    District Judge. (7:07-cr-00070-jct-1)

    Submitted:

    May 20, 2010

    Decided:

    May 28, 2010

    Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    David Wayne Smith, Jr., Appellant Pro Se. Ronald Andrew


    Bassford, Assistant United States Attorney, Roanoke, Virginia,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    David Wayne Smith, Jr., appeals the district courts
    order denying his motion for specific performance and a sentence
    reduction under Fed. R. Crim. P. 35(b).
    record and find no reversible error.

    We have reviewed the

    Accordingly, we affirm for

    the reasons stated by the district court.

    United States v.

    Smith, No. 7:07-cr-00070-jct-1 (W.D. Va. Jan. 20, 2010).

    We

    deny Smiths motion for transcripts at Government expense.

    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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