UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7640

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JEROME HARRIS, a/k/a Jerome Privott, a/k/a Michael Braxton, a/k/a Rome,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, Senior District Judge. (8:96-cr-00260-PJM-1)

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

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jerome Harris, Appellant Pro Se. Barbara Slaymaker Sale, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jerome Harris appeals the district court’s order

denying his motion for a reduction of his sentence under

(c)(2) (2006). Review of the record reveals that

Harris would not be entitled to a reduction because even with

the benefit of Amendment 706 of the Sentencing Guidelines his

advisory sentencing range of imprisonment would remain the same.

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

2