UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7683

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JOVITO MATAS BINOYA, II, a/k/a Jay,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (07-cr-00319-TSE-1)

Submitted: December 17, 2009 Decided: December 30, 2009

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jovito Matas Binoya, II, Appellant Pro Se. Daniel Joseph Grooms, III, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jovito Matas Binoya, II, appeals the district court’s

order denying his “Motion to Compel; Motion to Request Specific

Performance of the Government to Grant Reduction of Sentence for

Substancial [sic] Assistance.” We have reviewed the record and

find no reversible error. Accordingly, we affirm for the

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

No. 1:07-cr-00319-TSE-1 (E.D. Va. filed Aug. 26, 2009; entered

Aug. 27, 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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