United States v. Lenderman

U.S. Court of Appeals for the Fourth Circuit February 23, 2004

United States v. Lenderman, 88 F. App'x 602 (4th Cir. 2004)

Opinion

PER CURIAM.

Robert H. Lenderman appeals the district court’s orders denying his motion to modify his sentence and denying his motion for reconsideration. Under 18 U.S.C. § 3582(c) (2000), the court may not modify a term of imprisonment once it has been imposed except in very narrow circumstances not applicable here. We have reviewed the record and find no reversible error. * Accordingly, we affirm on the reasoning of the district court. See United States v. Lenderman, No. CR-02-363-A (E.D. Va. filed Aug. 29, 2003 & entered Sept. 2, 2003; filed Oct. 1, 2003 & entered Oct. 2, 2003). We deny Lenderman’s motion for home confinement. 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

We decline to address the issues Lenderman raises for the first time on appeal. See Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993) (holding that claims raised for first time on appeal will not be considered absent exceptional circumstances).

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee, v. Robert H. LENDERMAN, Defendant—Appellant
Status: Unpublished