UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7371

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

LINWOOD GERALD KENNY,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:01-cr-00185-FDW-1)

Submitted: December 13, 2012 Decided: December 18, 2012

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Linwood Gerald Kenney, 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Unpublished opinions are not binding precedent in this circuit.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:

Linwood Gerald Kenny appeals the district court’s

order denying his

(c)(2) (2006) motion. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. United

States v. Kenny, No. 3:01-cr-00185-FDW-1 (W.D.N.C. Aug. 3,

2012). 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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