Filed: Nov. 23, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7065 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. EUGENE SMALLS, a/k/a Gene Smalls, a/k/a Kishawnie Henry, a/k/a Quickness, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:96-cr-00131-RBS-1) Submitted: November 19, 2015 Decided: November 23, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Affirme
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7065 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. EUGENE SMALLS, a/k/a Gene Smalls, a/k/a Kishawnie Henry, a/k/a Quickness, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:96-cr-00131-RBS-1) Submitted: November 19, 2015 Decided: November 23, 2015 Before NIEMEYER, KING, and HARRIS, Circuit Judges. Affirmed..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7065
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
EUGENE SMALLS, a/k/a Gene Smalls, a/k/a Kishawnie Henry,
a/k/a Quickness,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:96-cr-00131-RBS-1)
Submitted: November 19, 2015 Decided: November 23, 2015
Before NIEMEYER, KING, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eugene Smalls, Appellant Pro Se. Robert Edward Bradenham II,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eugene Smalls appeals the district court’s order granting
his 18 U.S.C. § 3582(c)(2) (2012) motion. * We have reviewed the
record and find no reversible error. Accordingly, we affirm for
the reasons stated by the district court. United States v.
Smalls, No. 2:96-cr-00131-RBS-1 (E.D. Va. May 28, 2015); see
also United States v. Smalls,
720 F.3d 193, 195-97, 199 (4th
Cir. 2013) (absent a contrary indication, there is a presumption
that district court, deciding a § 3582(c)(2) motion, considered
the relevant factors). 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
* Although the district court granted Smalls’ § 3582 motion,
the reduction granted by the court did not reduce Smalls’
sentence to the full extent he requested.
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