UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7223

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

TERRY LEMONT SMITH,

Defendant – Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:04-cr-00339-JAB-1)

Submitted: November 19, 2009 Decided: December 2, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terry Lemont Smith, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Terry Lemont Smith appeals the district court’s order

denying his

(c)(2) (2006) motion. We have

reviewed the record and find no reversible error. Accordingly,

we deny Smith’s motion for appointment of counsel and affirm for

the reasons stated by the district court. United States v.

Smith, No. 1:04-cr-00339-JAB-1 (M.D.N.C. June 18, 2009). 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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