UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7307

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DARRELL P. JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:01-cr-10079-jpj-1)

Submitted: November 18, 2010 Decided: December 2, 2010

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Darrell P. Johnson, Appellant Pro Se. Eric Matthew Hurt, Assistant United States Attorney, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Darrell P. Johnson appeals the district court’s order

denying his motion to determine whether Amendment 709 is

clarifying or substantive pursuant to USSG § 1B1.1.11(b)(2) and

(a), (c)(2) (2006). We have reviewed the record

and find no reversible error. Accordingly, we deny Johnson’s

motion for appointment of counsel and affirm for the reasons

stated by the district court. United States v. Johnson, No.

2:01-cr-10079-jpj-1 (W.D. Va. Aug. 20, 2010). 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