UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7938

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOSE BRETON-PICHARDO, a/k/a Rolando Berberena,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (5:03-cr-70006-sgw-9)

Submitted: December 16, 2008 Decided: December 29, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jose Breton-Pichardo, Appellant Pro Se. Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jose Breton-Pichardo appeals the district court’s

order denying his motion to reduce 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. United States v. Breton-

Pichardo, No. 5:03-cr-70006-sgw-9 (W.D. Va. Aug. 27, 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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