UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7666

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JEROME SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:10-cr-00217-REP-1)

Submitted: February 21, 2013 Decided: February 25, 2013

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

Affirmed by unpublished per curiam opinion.

Jerome Smith, Appellant Pro Se. Elizabeth Wu, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jerome Smith appeals the district court’s order

denying his motion for reduction of sentence pursuant to

(c) (2006). We have reviewed the record and find

no abuse of discretion by the district court. Accordingly, we

affirm for the reasons stated by the district court. United

States v. Smith, No. 3:10-cr-00217-REP-1 (E.D. Va. Mar. 19,

2012). We deny Smith’s motion for appointment of counsel, and

we dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before

this court and argument would not aid the decisional process.

AFFIRMED

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