UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6295

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RICKY LEE PIERCE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, Senior District Judge. (4:05-cr-00002-H-1)

Submitted: October 27, 2009 Decided: November 16, 2009

Before MICHAEL, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ricky Lee Pierce, Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Robert Jack Higdon, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Ricky Lee Pierce 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. Pierce, No. 4:05-cr-

00002-H-1 (E.D.N.C. Feb. 9, 2009). Pierce’s motions for

appointment of counsel and to hold his informal brief in

abeyance are denied. 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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