U.S. Court of Appeals for the Fourth Circuit, 2008

United States v. Brown

U.S. Court of Appeals for the Fourth Circuit · Decided May 30, 2008 · Duncan, Hamilton, Motz

279 F. App'x 240

Opinion of the Court

PER CURIAM:

Anthony Leon Brown appeals the district court’s order denying his motion for reconsideration of its order refusing to compel specific performance of the Government’s Fed.R.Crim.P. 35(b) motion.* We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United States v. Brown, No. 5:98-cr-00120-H-1 (E.D.N.C. filed Jan. 21, 2008; entered Jan. 23, 2008). 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.

Because Brown's motion for reconsideration was filed December 5, 2007, see Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), more than ten days after entry of the underlying order, only the district court's order denying his motion for reconsideration is before the court. See Fed.R.Civ.P. 59(e), 60(c); Fed.R.App. P. 4(a)(4)(A), 6(a).

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