UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7119

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BILLY LAMONT ROUSER, a/k/a Black,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Henry Coke Morgan, Jr., Senior District Judge. (4:99-cr-00021-RBS-TEM-5)

Submitted: November 13, 2008 Decided: November 20, 2008

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Billy Lamont Rouser, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Billy Lamont Rouser appeals the district court’s order

denying his motion to modify his sentence pursuant to

(c)(2) (2006). We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. See United States v. Rouser,

No. 4:99-cr-00021-RBS-TEM-5 (E.D. Va. filed May 21, 2008;

entered May 23, 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

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