United States v. Plumlee
Docket: No. 08-6857
Court: Court of Appeals for the Fourth Circuit; March 19, 2009; Federal Appellate Court
Patrick Kit Plumlee and Max Orvel Plumlee appeal the district court's denial of their motion for a reduction of sentence under 18 U.S.C. § 3582(c)(2). The appellate court reviewed the record and found no reversible error, thus affirming the district court's decision. The case reference is United States v. Plumlee, Nos. 4:94-cr-00002-1; 4:94-cr-00002-2 (E.D. Va. filed Apr. 10, 2008; entered Apr. 11, 2008). The court determined that oral argument was unnecessary because the facts and legal issues were sufficiently presented in the case materials. Additionally, the Plumlees' assertion regarding the entitlement to appointed counsel during the § 3582(c) proceeding was deemed without merit, as there is no constitutional right to counsel in such proceedings, supported by the precedent in United States v. Legree, 205 F.3d 724, 730 (4th Cir. 2000). The decision is therefore affirmed.