United States v. Eckles

U.S. Court of Appeals for the Fourth Circuit November 12, 2009

United States v. Eckles, 350 F. App'x 811 (4th Cir. 2009)

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ricky Bernard Eckles appeals the district court’s order denying his 18 U.S.C. § 3582(c) (2006) motion for reduction of sentence. * We have reviewed the record *812 and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Eckles, No. 5:05-cr00009-RLV-DCK-l (W.D.N.C. Feb. 27, 2009); United States v. Lindsey, 556 F.3d 238, 244 (4th Cir. 2009). 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.

Eckles filed a notice of appeal outside of the appeal period, and we remanded to the district court to determine whether Eckles had demonstrated excusable neglect or good cause warranting an extension of the appeal period. See United States v. Eckles, 328 Fed.Appx. 255 (4th Cir. 2009). The district court found Eckles demonstrated good cause and therefore deemed the notice of appeal timely filed. Accordingly, we review the appeal on the merits.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Ricky Bernard ECKLES, Defendant-Appellant
Status: Unpublished