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    Todd Andrew Herbert appealed the district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). The Fourth Circuit Court of Appeals reviewed the record and found that the district court did not abuse its discretion in denying the motion. The appellate court affirmed the district court's ruling for the reasons stated in its November 5, 2008 decision and denied Herbert's motion for appointment of counsel.

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    Filed: 2009-02-27 Precedential Status: Non-Precedential Docket: 08-8489

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    Todd Andrew Herbert appealed the district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). The Fourth Circuit Court of Appeals reviewed the record and found that the district court did not abuse its discretion in denying the motion. The appellate court affirmed the district court's ruling for the reasons stated in its November 5, 2008 decision and denied Herbert's motion for appointment of counsel.

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    United States v. Herbert, 4th Cir. (2009)

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    Scribd Government Docs
    Todd Andrew Herbert appealed the district court's denial of his motion to reduce his sentence under 18 U.S.C. 3582(c)(2). The Fourth Circuit Court of Appeals reviewed the record and found that the district court did not abuse its discretion in denying the motion. The appellate court affirmed the district court's ruling for the reasons stated in its November 5, 2008 decision and denied Herbert's motion for appointment of counsel.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8489

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TODD ANDREW HERBERT,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Harrisonburg. Norman K. Moon, District
    Judge. (5:97-cr-30024-nkm-1)

    Submitted:

    February 19, 2009

    Decided:

    February 27, 2009

    Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Todd Andrew Herbert, Appellant Pro Se.


    Joseph William Hooge
    Mott, Assistant United States Attorney, Roanoke, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Todd Andrew Herbert appeals the district court order
    denying

    his

    motion

    3582(c)(2) (2006).

    to

    reduce

    his

    sentence

    under

    18

    U.S.C.

    We have reviewed the record and Herberts

    contentions on appeal and find the district court did not abuse
    its discretion denying the motion.
    357 F.3d 469, 478 (4th Cir. 2004).

    See United States v. Goines,


    Accordingly, we affirm for

    the reasons stated by the district court.

    See United States v.

    Herbert, No. 5:97-cr-30024-nkm-1 (W.D. Va. Nov. 5, 2008).


    deny Herberts motion for appointment of counsel.

    We

    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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