UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7738

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HUBERT RAMSEY, a/k/a J.R., a/k/a J.R. Ramsey,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:96-cr-00005-RLV-4)

Submitted: January 19, 2010 Decided: January 27, 2010

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stanford Kent Clontz, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Hubert Ramsey appeals the district court’s order

denying his motion for a reduction of sentence filed pursuant to

(c)(2) (2006). We have reviewed the record and

find the district court did not abuse its discretion in denying

the motion. United States v. Goines,

(4th Cir.

2004) (motion under § 3582(c) “is subject to the discretion of

the district court”); United States v. Legree,

(4th Cir. 2000). Thus, we affirm for the reasons stated by the

district court. See United States v. Ramsey, No. 5:96-cr-00005-

RLV-4 (W.D.N.C. Sept. 11, 2009). We deny counsel’s motions to

withdraw as moot and 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

2