United States v. Tayyib Walii

U.S. Court of Appeals for the Fourth Circuit

United States v. Tayyib Walii

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6838

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

TAYYIB WALII,

Defendant – Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Marvin J. Garbis, Senior District Judge. (8:00-cr-00292-MJG-2)

Submitted: September 29, 2011 Decided: October 5, 2011

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tayyib Walii, Appellant Pro Se. James Andrew Crowell, IV, Assistant United States Attorney, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Tayyib Walii appeals the district court’s orders

denying his

18 U.S.C. § 3582

(c)(2) (2006) motion and motion for

reconsideration. We have reviewed the record and find no

reversible error in the denial of § 3582 relief. Accordingly,

we affirm that order for the reasons stated by the district

court. United States v. Walii, No. 8:00-cr-00292-MJG-2 (D. Md.

Mar. 8, 2011).

With regard to the court’s order denying

reconsideration, we conclude that the district court lacked the

authority to revisit its earlier § 3582 order. See United

States v. Goodwyn,

596 F.3d 233

, 235-36 & n.* (4th Cir.), cert.

denied,

130 S. Ct. 3530

(2010). We therefore affirm the denial

of relief on that basis. 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

2

Reference

Status
Unpublished