UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7963

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAMES DARREN TAYLOR,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:94-cr-00040-FDW-4)

Submitted: February 2, 2010 Decided: February 23, 2010

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Darren Taylor, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Darren Taylor 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. See 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). The district court took into account the

appropriate factors and did not base its decision on an

erroneous legal or factual premise. See DIRECTV, Inc. v.

Rawlins,

(4th Cir. 2008) (defining abuse of

discretion). Thus, 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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