UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6892

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RENNIE OTIS PRICE, a/k/a Ronnie Otis Price,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:03-cr-00056-CCB-2)

Submitted: January 14, 2010 Decided: January 20, 2010

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rennie Otis Price, Appellant Pro Se. Christopher John Romano, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Rennie Otis Price appeals the district court’s order

granting his

(c) (2006) motion. Price argues

that he should have received a lower sentence after application

of United States v. Booker,

(2005). This claim is

without merit. See United States v. Dunphy,

(4th Cir.) (holding that Booker does not apply in § 3582

proceedings), cert. denied,

(2009). We have

reviewed the record and find no reversible error. Accordingly,

we affirm the district court’s order. 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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