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

Brian O'Neal Waddell appealed the district court's denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c). The Fourth Circuit affirmed the district court's ruling, finding no reversible error. The Fourth Circuit also denied Waddell's motion to appoint counsel and dispensed with oral argument, determining the facts and legal contentions were adequately presented in the materials before the court.

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6 views2 pages

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

Brian O'Neal Waddell appealed the district court's denial of his motion for a sentence reduction under 18 U.S.C. § 3582(c). The Fourth Circuit affirmed the district court's ruling, finding no reversible error. The Fourth Circuit also denied Waddell's motion to appoint counsel and dispensed with oral argument, determining the facts and legal contentions were adequately presented in the materials before the court.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 08-7096

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
BRIAN ONEAL WADDELL,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:02-cr-00034-RLV-5)

Submitted:

May 21, 2009

Decided:

May 26, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Claire J. Rauscher, Executive Director, Tanzania Cannon-Eckerle,


FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte,
North Carolina, Matthew R. Segal, FEDERAL DEFENDERS OF WESTERN
NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant.
Amy Elizabeth Ray, Assistant United States Attorney, Asheville,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Brian

ONeal

Waddell

appeals

the

district

courts

order denying his motion for reduction of sentence pursuant to


18 U.S.C. 3582(c) (2006).
find

no

reversible

error.

We have reviewed the record and


Accordingly,

we

affirm.

United

States v. Waddell, No. 5:02-cr-00034-RLV-5 (W.D.N.C. June 17,


2008).

See United States v. Hood, 556 F.3d 226 (4th Cir. 2009).

We deny Waddells motion to appoint counsel.


oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
the

court

are
and

argument would not aid the decisional process.


AFFIRMED

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