UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7772

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAMIAN G. BEY, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (5:03-cr-00252-BR-1)

Submitted: March 22, 2010 Decided: April 8, 2010

Before KING, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Damian G. Bey, Appellant Pro Se. Ethan A. Ontjes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Damian Giovanni Bey appeals a district court order denying his motion for a sentence reduction filed under 18 U.S.C. § 3582(c) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Bey, No. 5:03- cr-00252-BR-1 (E.D.N.C. Aug. 27, 2009). We also deny Bey’s motion to hold his appeal in abeyance pending the United States Supreme Court’s decision in United States v. Dillon, No. 09- 6338. 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