UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7515

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KEITH HARRIS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:06-cr-00100-FL-2)

Submitted: January 14, 2010 Decided: January 21, 2010

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Keith Harris, Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Jr., Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Keith Harris appeals a district court order denying

his motion for reduction of sentence under

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

not entitled to a reduction because after considering Amendment

706 to the Sentencing Guidelines, Harris’ range of imprisonment

remained the same, the mandatory minimum sentence. We have

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

We deny Harris’ motion for appointment of counsel. 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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