United States v. Mears
United States v. Mears
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 98-6268
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICHARD DEAN MEARS,
Defendant - Appellant.
No. 98-6269
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICHARD DEAN MEARS,
Defendant - Appellant.
Appeals from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Richard C. Erwin, Senior District Judge. (CR-84-194, CR-84-218)
Submitted: November 19, 1998 Decided: December 1, 1998 Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Richard Dean Mears, Appellant Pro Se. Douglas Cannon, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM:
Richard Mears appeals orders of the district court denying his
motion to rescind restitution and clarify his sentence. The dis-
trict court denied the motion on the ground that Mears’s arguments
were not compelling. We conclude that the district court lacked
jurisdiction to grant the relief sought by Mears. As he is outside
the time limits specified in Fed. R. Crim. P. 35, Mears must chal-
lenge his sentence pursuant to
28 U.S.C.A. § 2255(West 1994 &
Supp. 1998). We therefore affirm the district court orders denying
the motions.
AFFIRMED
2
Reference
- Status
- Unpublished