UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6612

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LASHON MAURICE GAITHER, a/k/a Sld Dft 5:05CR9-10-V, a/k/a Morie,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:05-cr-00009-RLV-DCK-10)

Submitted: November 6, 2009 Decided: November 23, 2009

Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lashon Maurice Gaither, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Lashon Maurice Gaither appeals the district court’s

order denying his motion for reduction of 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. Gaither,

No. 5:05-cr-00009-RLV-DCK-10 (W.D.N.C. Feb. 27, 2009); see

United States v. Hood,

(4th Cir. 2009),

cert. denied, __ U.S. __,

(U.S. Oct. 5, 2009)

(No. 09-5868). We deny Gaither’s motion to appoint counsel and

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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