UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7095

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAMES D. MAYER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:04-cr-00209-JRS-2)

Submitted: February 28, 2011 Decided: March 8, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James D. Mayer, Appellant Pro Se. Angela Mastandrea-Miller, Assistant United States Attorney, Olivia L. Norman, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James D. Mayer appeals the district court’s order

denying his motion for reconsideration of the denial of his

motion to compel the government to file a Fed. R. Crim. P. 35(b)

motion. We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. See United States v. Mayer, No. 3:04-cr-00209-

JRS-2 (E.D. Va. July 16, 2010). We deny Mayer’s motions to

appoint counsel and motion for transcripts, and we grant the

motion to seal his informal brief. 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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