UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7915

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHALMERS LAVETTE HENDRICKS, a/k/a Champ,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, District Judge. (3:94-cr-00030-MR-GCM-4)

Submitted: December 15, 2009 Decided: December 22, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Chalmers Lavette Hendricks, 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Unpublished opinions are not binding precedent in this circuit.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:

Chalmers Lavette Hendricks appeals a district court

order denying his motion for a reduction of his sentence under

(c)(2) (2006). The district court concluded

Hendricks was not entitled to a reduction because even with the

benefit of Amendment 706 of the Sentencing Guidelines, his

Guidelines range of imprisonment remained the same. We have

reviewed the record and find no error. Accordingly, we affirm.

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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